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october 1964

Supreme Court of India · 1964-10-27

STATE OF ASSAM AND ANOTHER vs AJIT KUMAR SHARMA AND OTHERS

Citation / case number
SC 1963/298
Court
Supreme Court of India
Petitioner
STATE OF ASSAM AND ANOTHER
Respondent
AJIT KUMAR SHARMA AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the rules governing the leave of teachers in private colleges, as administrative instructions, do not possess the force of law under Article 226 of the Constitution of India. Consequently, teachers cannot maintain a writ petition for enforcement or non-enforcement of such rules, as they do not confer any legal rights. The Court set aside the High Court's order directing the State and the Governing Body to refrain from enforcing the rules, affirming that the relationship between private colleges and the Government regarding grants-in-aid is not justiciable under the Constitution.

STATE OF ASSAM AND ANOTHER vs AJIT KUMAR SHARMA AND OTHERS · Niyam