WA 160/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR HON’BLE MR. JUSTICE HRISHIKESH ROY Heard Mr. B.D. Konwar, learned counsel for the Appellant/Writ Petitioner. Also h eard Mr. V.M. Thomas, learned standing counsel appearing for the official respon dents. 2. The appellant, who was nominated as the President of the Managing Committee o f Jordanga Kuchnimara Arabic College by notification dated 29.5.2003 for a perio d of 3 years, had filed Writ Petition No. W.P.(C) 4029/06 to challenge the order dated 7.8.06 passed by the Govt. whereby the Govt. order dated 19.7.06 accordin g approval (Annexure-P6) for reconstitution of the Managing Committee of the Mad rassa for a fresh period of 3 years w.e.f 30.5.06 was kept pending. By the 2nd r e-constitution order dated 19.7.06 the writ petitioner was again nominated as th e President of the Managing Committee. This was on the basis of an application m ade on 23.5.06 by the writ petitioner for extending the period of the Managing C ommittee constituted on 29.5.03. 3. By the impugned judgment and order dated 22.3.07, the learned Single Jud ge found that the term of the Managing Committee constituted for 3 years by noti fication dated 29.5.03 has ended on 29.5.06 and after expiry of the term of the earlier Managing Committee, there cannot be an order granting extension of the t erm of the said Committee. The learned Single Judge also found that non-completi on of construction of a building, which was made the basis on which the writ pet itioner sought extension of term of the Managing Committee by his representation dated 23.5.06, cannot be a ground for extension of the term of the Managing Com mittee. The learned Single Judge also found that the Court had not permitted rec onstitution of Managing Committee by any of its orders and accordingly held that there cannot be an extension in favour of the petitioner in violation of the Ru les and that too after expiry of his earlier term. On the basis of aforesaid rea soning respondents were directed to reconstitute the Managing Committee as per R ules and till reconstitution of new Managing Committee, it was directed by the l earned Single Judge that the departmental authorities would run the affairs of t he College. 4. It is seen that the Managements of Madrassas are governed by the Assam M adrassa Education (Provincialisation) Act, 1995 (hereinafter referred to as the Madrassa Act ). It is also seen that the Government has also notified certain g uidelines for constitution of the Managing Committee of the Government Aided Sen ior and Title Madrassas in the State. No statutory Rules however appears to have been framed for the purpose. 5. The provisions of the Act and the guidelines provide for nomination of m embers to constitute Managing Committees. Powers are also available to dissolve and reconstitute such Managing Committees. From the said provisions we do not fi nd that any enforceable legal right accrues in favour of the writ petitioner to allow him to continue as the President of the Managing Committee, even after exp iry of the 3 years stipulated term of the Managing Committee notified on 29.5.20 03. 6. Mr. V.M. Thomas, learned standing counsel for the Education Department s ubmits that although this case pertains to constitution of Managing Committee of an Institution described as a College, in fact, the concerned Institution is no t a college but is a Senior Madrassa within the meaning of Section 2(p) of the M adrassa Act. The learned departmental counsel further submits that it is within the d omain of the respondent authorities to constitute the Managing Committees of the Institutions and since the term of the Managing Committee of which the writ pet itioner was President has already expired on 29.5.06, the writ petitioner could not have claimed extension of his term on the ground that the construction of a building has remained incomplete. 7. We find that the writ petition has been dismissed by the learned Single Judge by concluding that the writ petitioner cannot claim to continue as Presid ent because of non completion of construction of a building. We further find that when a power is conferred on an authority to constitute a M anaging Committee of Educational Institution, the authority concerned should als o be understood to posses a right to reconstitute or further constitute such Man aging Committees. In the present case, the term of the Managing Committee of which the writ petiti oner was the President has expired on 29.5.06. Therefore the authorities would b e well within its rights to constitute a fresh Managing Committee and/or decide not to permit the earlier committee or its members to continue for a fresh term. The appellant herein has not been able to establish that he has an enforceable l egal right to carry on as the President of the Madrassa in question and under su ch circumstances, we are not inclined to interfere with the dismissal of the wri t petition through which, the writ petitioner sought to enforce a claim for cont inuance of a Managing Committee, of which he was the President. 8. In view of the above discussions, we find no merit in the present appeal and the same is accordingly dismissed.