WP(C) 4497/2010 BEFORE HON’BLE MR JUSTICE A POTSANGBAM Heard Mr N Dutta, learned Senior Counsel, appearing on behalf of the petitioner and Mr U K Goswami, learned Standing Counsel, Education Department, appearing o n behalf of the official respondents. Also heard Mr HRA Choudhury, learned Senio r Counsel, appearing on behalf of the respondent No. 4. The matter pertains to removal of the petitioner from holding the post o f Principal In-charge of the Hamidabad College, Satsia, Dhubri District. Pursuant to an order dated 29.11.2009, issued by the President, Governin g Body, Hamidabad College, Satsia, Dhubri, Assam, the respondent No. 4 was remov ed from holding the post of Principal on In-charge basis and in his place, the p etitioner was appointed as Principal In-charge. Earlier, a writ petition, being WP(C) No. 211 of 2010, was filed by the respondent No. 4 and the same was dispos ed of by this Court on 11.01.2010, directing the petitioner, therein, i.e., the respondent No. 4, to submit a fresh Memo of Appeal to the Government through the Secretary to the Government of Assam, Education (Higher) Department, with all r elevant documents and on receipt of such appeal, the Secretary is to consider an d dispose of the appeal within six weeks, after hearing the respondent No. 4(the petitioner herein). The arguments of Mr N Dutta, learned Senior Counsel, is that it is the Secretary of Education (Higher) Department, who is to dispose of the appeal as per the di rection of this Court and the Secretary alone can do so but court given authorit y cannot be delegated to any other officer, whereas in the instant case, the Dir ector, Education (Higher) Department, has considered and disposed of the appeal as it is noticed from the order dated 23.07.2010, the copy of which is annexed a s Annexure - 7 to the petition. Mr Dutta, submits that the college in question i s not a college receiving regular Government Aid, rather it is a venture colleg e and as such, the Government has no control over the affairs of the college and this issue has already been decided in one of the cases decided by this Court i n WP(C) No. 4094/2008. Be that as it may, Mr HRA Choudhury, learned Senior Counsel for the respondent N o. 4 fairly submits that this writ petition may be disposed of with a direction to the Secretary to the Government of Assam, Education (Higher) Department, to c onsider and dispose of the appeal of the respondent No. 4, in terms of the earli er order passed by this court by affording opportunity of hearing to the petitio ner as well as to the respondent No. 4. This submission is not objected to by Sr i N Dutta, learned Senior Counsel for the petitioner. In view of the above, the impugned order dated 23.07.2010, issued by the Director of Higher Education, Assam, is hereby set aside and quashed and the wr it petitioner as well as the respondent No. 4 (the writ petitioner in WP(C) No. 211 of 2010), are directed to approach the Secretary of Higher Education, Assam, and pursue the appeal referred to above. The Secretary of Higher Education, Ass am, on receipt a copy of this order, would consider and dispose of the appeal in question by affording opportunity of being heard to the petitioner as well as t o the respondent No. 4 and the appeal shall be disposed as expeditiously as poss ible but not later than 2 (two) months from the date of receipt of a certified copy of this order. The parties are at liberty to raise their respective pleas as may be per missible under law before the Secretary of Higher Education, Assam at the time o f hearing of the appeal. With the aforesaid observations and directions, this writ petition stand s disposed of.