GAHC010090472019

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

1. WRIT APPEAL NO.111 OF 2019

1. Assam Flying Club, a Society registered

under the Societies Registration Act, 1860,

having its registered Office at Lokapriya

Gopinath Bordoloi International Airport,

Guwahati – 781015, Kamrup (Metro), Assam.

2. Mr. Bikrom Singha Lahkar, Honorary

Secretary, Assam Flying Club, Lokapriya

Gopinath Bordoloi International Airport,

Guwahati – 781015, Kamrup (Metro), Assam.

……..Appellants

-Versus-

1. The State of Assam through the Secretary,

Co-operation Department, Government of

Assam, Dispur, Guwahati – 781006.

2. The Registrar, Co-operative Societies,

Assam, Dispur, Guwahati – 781006.

3. The Joint Registrar, Co-operative Societies,

Assam, Dispur, Guwahati – 781006.

……..Respondents

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For the Appellants : Mr. Bikrom Singha Lahkar,

the appellant No.2 in person.

For the Respondents : Mr. D. Saikia, Senior Standing

Counsel, Government of Assam.

2. WRIT APPEAL NO.149 OF 2019

1. The State of Assam, represented by the

Secretary to the Government of Assam, Co-

operation Department, Assam, Dispur,

Guwahati – 781006.

2. The Registrar of Co-operative Societies,

Assam, Khanapara, Guwahati – 781022.

3. The Joint Registrar of Co-operative

Societies, Assam, Khanapara, Guwahati –

781022.

……..Appellants

-Versus-

1. The Assam Flying Club, a Society registered

under the Societies Registration Act, 1860,

having its registered Office at Lokapriya

Gopinath Bordoloi International Airport,

Guwahati – 781015, Kamrup (Metro), Assam,

represented by its Honorary Secretary, Mr.

B.S. Lahkar.

2. Mr. Bikrom Singha Lahkar, Honorary

Secretary, Assam Flying Club, Lokapriya

Gopinath Bordoloi International Airport,

Guwahati - 781015, Kamrup (Metro), Assam.

……..Respondents

For the Appellants : Mr. D. Saikia, Senior Standing

Counsel, Government of Assam.

For the Respondents : Mr. Bikrom Singha Lahkar,

respondent No.2 in person.

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- B E F O R E -

HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

Date of hearing and Judgment & Order : 23

rd March, 2021.

JUDGMENT & ORDER (ORAL)

(Sudhanshu Dhulia, CJ)

Both these writ appeals arise out of the order dated

12.04.2019 passed by the learned Single Judge in WP(C)

No.4749/2018. The writ petitioner (Shri Bikrom Singha Lahkar) as

well as the respondent (State of Assam) have preferred these

appeals against the aforesaid order of the learned Single Judge.

2. Although the subject under challenge in both these two

writ appeals is the same but for the sake of convenience and

clarity, the facts which we would be referring here will pertain to

Writ Appeal No.149/2019, with a reference to other writ appeal,

i.e. Writ Appeal No.111/2019, as and when it is required.

3. We have heard Mr. D. Saikia, learned senior counsel

appearing for the State and Shri Bikrom Singha Lahkar, appellant

in person for himself and for the society he represents, at length.

4. This case has a long and chequered history. At the core

of the issue is a Flying Club here in Guwahati, Assam, variously

referred as “Assam Flying Club Limited” or “Assam Flying Club”.

The entire dispute is related to the control of this Flying Club.

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What is the nature of this Flying Club, and who should control the

Club are the subject matters of dispute and the contesting parties

are the State on one hand and Shri Bikrom Singha Lahkar on the

other.

5. The undisputed facts here are that this Flying Club was

established here in Guwahati in the year 1957-58, with the

initiative of some of the prominent residents of Guwahati and

Shillong

1

. The Flying Club had the support of the Government,

including the then Chief Minister and the Sports Minister of the

Government of Assam. It is also very clear that when the Flying

Club was started, all necessary approvals, such as the mandatory

approval of the Director General of Civil Aviation (DGCA) were

taken. It is also necessary to state at this juncture that the exact

nomenclature of the Flying Club was “Assam Flying Club Limited”

and its purpose was not merely recreation and flying for fun or

hobby, but the Flying Club was primarily established for the

purposes of training Pilots.

6. From its inception till about 1992-93, the Flying Club was

running smoothly. More than one hundred certified and trained

Pilots have passed out from this Flying Club in the past, some of

whom subsequently became commercial Pilots as well as, as this

Court has been informed. The first trained Assamese lady Pilot

Smt. Dhira Hazarika (Chaliha), was from this Flying Club.

1 At the relevant point of time Meghalaya was part of the State of Assam, and the

erstwhile State of Assam had Shillong as its capital.

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7. The records then show towards the early 1990s there

was a decline in the activities of the Flying Club. Efforts were then

made by the Government, to revive the Club, to which we would

come in a while. But meanwhile the land measuring 6 “Bighas” 12

“Lechas” was given to the Flying Club, which was recorded in the

land revenue records in the name of “Assam Flying Club -

Secretary Joy Kanta Baruah”. The specifications of the land are PP

No.336, Dag Nos.1038, 1039 and 475, which is in Village - Borjhar,

Mouza - Dakhin Rani, Assam, which is adjacent to Lokpriya

Gopinath Bordoloi International Airport (hereinafter referred to as

“LGBI Airport”). Apart from this land, which is in the name of the

Flying Club, there is also a Hangar inside the LGBI Airport. From

all available records, it is evident that the Hangar was being used

by the Flying Club, although now it has also come on record that

there are orders of the Airport Authority for eviction, against the

Flying Club.

8. In the Hangar, two aircrafts are parked, out of which one

is Cessna 152 Ai VT and the other is Puspak MK-1 VT/DMJ. Both

these aircrafts, we are told are in disuse as of now and not fit for

flying.

9. The case of the Government on this issue has been that

the Flying Club was being run as a Co-operative Society, which

was registered on 01.05.1957 and had its Registration No.R.1/57-

58 of 1958 and the registration was done under the Assam Co-

operative Societies Act, 1949 (the said Act has now been repealed

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by the Assam Co-operative Societies Act, 2007, which is presently

in force). The Co-operative Society had a Memorandum of

Association, which is on record.

10. The Society was being governed under the laws

governing a Co-operative Society. The Society had its bye-laws

and a Management Committee, although for many years it did not

hold its Annual General Meeting (AGM). It is also true that for

many years elections were also not held in the Co-operative

Society, as is the requirement under the law.

11. Although there is a Memorandum of Association of this

Co-operative Society and a registration number, which has been

shown before this Court, what has not been shown to this Court,

and what has also been noticed by the learned Single Judge in his

order dated 12.04.2019 passed in WP(C) No.4749/2018, is that the

State could not produce before this Court the Registration

Certificate or any other verifiable document to prove that the

Flying Club was ever registered as a Co-operative Society. But how

relevant this question would be for our ultimate decision we will

discuss at the relevant point of time.

12. Though it is true that since its inception, the Flying Club

had been imparting flying training and had also been issuing Pilot

licences on completion of such training, it is again an undisputed

fact that from 1991-92 onwards, there was no proper auditing of

the Flying Club and there was no management of the affairs of the

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Flying Club. Under these circumstances, the Sports & Youth

Welfare Department of the Government of Assam took upon itself

to revive the Flying Club. Accordingly, a Governing Body of the

Flying Club was thus constituted on 28.07.2005 with its following

members:-

“(1) Chief Minister, Assam - Chairman

(2) Capt. Robin Bordoloi, MLA, Adviser to

Chief Minister on Sports. - Working

President

(3) Minister of Transport, Assam - Member

(4) Minister of State Planning, Development

and Finance Deptt. - Member

(5) Addl. Chief Secretary, Sports - Member

(6) Commissioner & Secretary, Sports & Y.W. - Member

(7) Director, Sports and Youth Welfare, Assam - Honorary

Vice President

(8) Member Secretary for Students and Youth

Welfare. - Member

(9) Sr. Air Worthiness Officer, Civil Aviation Deptt. - Member

(10) Regional Director, Airport Authority of India,

LGBI Airport, Guwahati. - Member

(11) Representative of Aero Club of India - Member

(12) Sri P. Hazarika, Asstt. Director of Sports &

Youth Welfare, Assam. - Honorary

Secretary”

13. This Governing Body of the Flying Club was reconstituted

after two years on 19.05.2007 and the Society received grants-in-

aid from the State Government as well as from North Eastern

Council (NEC) between 2003 to 2009. The reconstituted Governing

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Body of the Flying Club (reconstituted on 19.05.2007) is as

follows:-

“1. Chief Minister, Assam - Chairman

2. Minister of Transport, Assam - Member

3. Chief Secretary, Assam - Member

4. Additional Chief Secretary Planning

& Development Deptt, Assam - Member

5. Commissioner & Secretary (I), Sports & YW, Assam - Member

6. Commissioner & Secretary (II), Sports & YW, Assam - Member

7. Director, Sports & Youth Welfare, Assam - Member

8. Member Secretary for Students and YW, Assam - Member

9. Sr. Air Worthiness Officer, Civil Aviation Deptt. - Member

10. Regional Director, Airport Authority of India,

LGBI Airport, Guwahati. - Member

11. Representative of Aero Club of India - Member

12. Officer Commanding 50 Assam Air Squadron,

NCC, Guwahati -Member

13. Shri J.N. Borchetiya, Assistant Director,

Sports & Youth Welfare, Assam -Honorary

Secretary”

14. It is the case of the State Government that from 2007-08

onwards, the Flying Club started limping to normalcy. It once

again admitted students, which were to be trained as Pilots. It was

also decided to cut down the existing staff of the Flying Club in

order to minimise the expenses of the Flying Club, and in order to

have an independent functioning and a devoted administrator for

running of the Flying Club it was then decided to have a full time

Secretary for the Club.

-9-

15. Consequently, an advertisement was issued on

03.09.2013 in two newspapers calling for applications for the post

of Honorary Secretary. Strangely the eligibility criteria for the

advertised post were not specified in the said advertisement. A

total of nineteen candidates applied for the said post, including

respondent No.2, namely, Shri Bikrom Singha Lahkar. Ultimately,

Shri Bikrom Singha Lahkar was selected as the Honorary Secretary

of the Flying Club, under Rule 26(e) of the Bye-laws of the Flying

Club. It is again an undisputed fact that this selection was to be

made under the Bye-laws of the Flying Club, which were framed

under the provisions of the Assam Co-operative Societies Act.

Chapter-XIII is a Chapter relating to Board of Directors. Rule 26(e)

is a provision for appointment of a Secretary, which reads as

under:-

“XXXXXXXXXX

26. The Board of Directors shall consist of:-

(a) President-Education Minister, State Government .

(b) Vice-President- (nominated by him).

(c) Six Directors- (non-official) + 5 Officials.

The Directors shall be elected by the members from

amongst the members of the classes (a)(b) & (c)(d) of Bye-Laws

4.

One third of the members of the Board of Directors shall be

“active flying members” which expression shall mean a member of

the Club who has qualification for and is in possession of a current

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licence issued by the Civil Aviation Directorate or has held such a

licence or is the owner of an aircraft or possesses a aeronautical

experience which, in the opinion of the D.G.C.A., renders him or

her eligible.

The Directors shall hold office for a term of three years

provided however, at the end of the first year, one third and at

the end of second year half of the remaining original directors

shall be chosen by lot to retire. The retiring members shall be

eligible for re-election.

(c) Three nominees of the State Government.

(d) Two nominees of the Director General of Civil Aviation in

India.

(e) Secretary who shall be appointed by the State Govt. &

shall enjoy all the privileges of a Director or Ex-Officio

Member, on such terms and conditions as may be

determined by the State Government.

(f) Technical Adviser:- The Chief Pilot Instructor & the

Chief Maintenance Engineer of the Club shall be the

Technical Adviser of the Board but they shall enjoy no right

of vote.

A nominated Director shall, unless otherwise directed by the

State of Central Govt. hold office for a period not exceeding three

years. But a retiring nominated Director shall be eligible for re-

nomination. All the Directors have equal rights and privileges. No

person shall be elected as a Director if he is disqualified under

rules and By-Laws.”

(Emphasise provided)

-11-

16. Immediately after his appointment as Secretary of the

Flying Club a meeting was called by Shri Lahkar on 03.01.2014, at

the residence of the then Chief Minister of Assam, which was

attended by Late Tarun Gogoi, the then Chief Minister of Assam,

who was the President of the Flying Club amongst others. Those

who were present in the meeting were as follows:

Name in Full Address, Occupation Designation

1. Tarun Gogoi

Hon’ble Chief Minister,

Assam

President, Assam

Flying Club

2. Dhirendra Nath

Bezboruah

Veteran Journalist, Guwahati Life Member,

Assam Flying Club

3. Prafulla Gobinda

Baruah

Chairman/Editor, Assam

Tribune Group/Son of

founder AFC

Life Member,

Assam Flying Club

4. Capt. Robin Bordoloi MLA, Guwahati/Ex Student-

AFC

Life Member,

Assam Flying Club

5. Iqbal Hazarika Air Commodore (Retd.),

Shillong

Life Member,

Assam Flying Club

6. Nitu Lahkar

Director, CAE, Guwahati Life Member,

Assam Flying Club

7. Capt. KKK Singh Ex Student/Ex Flying

Instructor of AFC, Biswanath

Chariali

Life Member,

Assam Flying Club

8. Jyoti Prasad Sarma Aircraft Technician, Baksa Life Member,

Assam Flying Club

9. Jyotirmoy Das Aeronautical Student,

Guwahati

Life Member,

Assam Flying Club

10. Dilsan Ahmed Aeronautical Student,

Nalbari

Life Member,

Assam Flying Club

11. Johnny Basumatary Aeronautical Student,

Udalguri

Life Member,

Assam Flying Club

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12. Prakash Jaiswal Aeronautical Student,

Tinsukia

Life Member,

Assam Flying Club

13. Rahul Roy

Aeronautical Student,

Guwahati

Life Member,

Assam Flying Club

14. Diganta Saikia Aeronautical Student,

Nagaon

Life Member,

Assam Flying Club

15. Diganta Boro

Aeronautical Student Life Member,

Assam Flying Club

16. Dimpal Hazarika Aeronautical Student,

Nalbari

Life Member,

Assam Flying Club

17. Arnob Bora

Aeronautical Student,

Karbi Anglong

Life Member,

Assam Flying Club

18. Dharitri Baishya Aeronautical Student,

Guwahati

Life Member,

Assam Flying Club

19. Bikrom Singha

Lahkar

Founder, CAE Secretary/ Life

Member, Assam

Flying Club

17. This meeting, which was called by Shri Bikrom Singha

Lahkar, was not a meeting of the Governing Body of the Flying

Club which was constituted in the year 2005 and re-constituted in

2007, a reference of which has been given above. Many of the

persons, who participated in the so called meeting, had nothing to

do with the Governing Body of the Flying Club. For example, from

the above mentioned names from serial No.9 to serial No.18 are

the names of the students of the Aeronautical Engineering College,

which is run by none other than Shri Bikrom Singha Lahkar. They

have nothing to do with the Governing Body of the Flying Club.

Apart from this fact, it is also an admitted fact that the Registrar of

Co-operative Societies, Assam had also attended the said meeting

and his opinion was recorded in the meeting. His opinion was that

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the Flying Club should run as a Society, registered under the

Societies Registration Act, 1860, and not as a Co-operative

Society. But then most of the persons who attended the meeting

on 03.01.2014 had no authority to decide the future of the Flying

Club, or to change the nature of the Flying Club itself which it

actually did. It is not a meeting of the Governing Body of the

Flying Club and, therefore, all the decisions taken by this Body are

non est in the eyes of law. Nevertheless twenty resolutions were

passed in the said meeting. The important resolutions were

Resolution Nos.16, 17, 18, 19 and 20, which reads as under:-

“XXXXXXXXXXXX

16. The Assam Flying Club presently possesses 6 Bigha

10 lessa of land bearing Patta No.366 Dag No.475, 1038 and

1039 and is under the occupation of The Assam Flying Club

Ltd. (presently 9 numbers of quarters). The ownership of the

land is in the name of Secretary of the Assam Flying Club, Sri

Jaykanta Baruah, S/O Lokadhar Baruah. A request will be

made to the Revenue Department for correction of the name

of Pattadar as The Assam Flying Club, LGBI Airport, Guwahati.

17. The Registrar of Cooperation Societies, Assam

raised the issue that the Assam Flying Club should not have

been registered under “Assam Co-Operative Societies Act”

because the Assam Flying Club does not involve any profitable

business. Hence, being a no-profit entity, Assam Flying Club

should be registered under the Societies (Registration) Act.

The house took the decision to cancel the existing registration

-14-

under Assam Co-Operative Societies Act. The Registrar of

Cooperative Societies agreed to cancel the registration of

Assam Flying Club immediately once their office gets a

resolution on this matter. The house took the decision to

abide by the suggestion of the Registrar and to cancel the

registration under the Assam Co-Operative Societies Act and it

will be registered under the Societies (Registration) Act, 1860.

18. The Meeting declared that the all existing

committees including Board of Directors will stand dissolved

with immediate effect.

19. The meeting empowered the President of this

meeting. Shri Tarun Gogoi, Hon’ble Chief Minister of Assam to

act as President of the Assam Flying Club and Sri Bikrom

Singh Lahkar, Founder, College of Aeronautical Engineering as

Hon. Secretary of the Assam Flying Club for the time being.

20. The Hon’ble President assured that all necessary

funds will be provide by State Government, but for bigger

ventures like establishing of “North East Aviation Training

Academy” and procurement of new Aircraft, the Assam Flying

Club will approach North Eastern Council through Department

of Planning and Development.”

18. The above decisions are the decisions which have given

rise to a gamut of issues, apart from complicating the matters

further, but most importantly this meeting tried to change the very

nature of the Flying Club. The most controversial resolution is

Resolution No.17, whereby a decision was taken that the Assam

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Flying Club should not have been registered under the Assam Co-

operative Societies Act as the Flying Club is not doing any

profitable business and is a non-profit entity and should be

registered as a Society under the Societies Registration Act and,

therefore, the decision was taken to cancel the existing registration

under the Co-operative Societies Act and the Registrar of Co-

operative Societies (who attended the meeting), agreed to cancel

the registration of Assam Flying Club, as a Co-operative Society.

19. Promptly, after the meeting, an application was moved by

the respondent No.2, Shri Bikrom Singha Lahkar, to the Registrar

of Co-operative Societies to strike off the name of Assam Flying

Club Limited from the list of Co-operative Societies and orders to

that effect were also passed. Immediately thereafter, an

application was moved for registration of Assam Flying Club as a

Society under the Societies Registration Act, 1860. The application,

which was moved by Shri Bikrom Singha Lahkar as Honorary

Secretary of the Society to the Registrar of Co-operative Societies,

Government of Assam, and the very next day the Flying Club was

granted its registration as a Society by the Registrar of Societies,

Assam, which was valid up to 05.03.2017. The name of the Society

was to be “Assam Flying Club”. It retained the logo and the

address of Assam Flying Club Limited. But in the official letter pad

of the new Society, there were some changes. Earlier the Assam

Flying Club was being mentioned as Assam Flying Club Limited,

address: LGBI Airport, Borjhar, Guwahati - 781015, Assam and in

the bracket it was written as “an Organization of Government of

-16-

Assam, member of Aero Club of India, New Delhi”, but now under

its registration as a Society (under the Societies Registration Act),

“an Organisation of Government of Assam” was deleted and it was

only written that the Assam Flying Club is a member of Aero Club

of India. The claim of Shri Bikrom Singha Lahkar has always been

that once the Flying Club stands deregistered as a Co-operative

Society and registered as a Society under the Societies Registration

Act, it is an entirely new entity. More importantly it is also his case

that the control the Government earlier had over the Co-operative

Society will no more apply to the new Body.

20. Having made the above changes, a requisition was then

sent by Shri Lahkar to the Government for recalling all orders

passed in the recent pasts such as his appointment of Secretary of

the Co-operative Society, etc., and these orders were promptly

recalled. Although this Court has also been informed that later the

recalling orders were withdrawn. We are only referring to these

facts to highlight the efforts which were being made in changing

the nature of the Flying Club from a Co-operative Society to a

Society.

21. Meanwhile, the appointment of Shri Bikrom Singha

Lahkar as Honorary Secretary of the Flying Club was challenged

before this Court in a writ petition being WP(C) No.6809/2013.

This challenge was made by another aspirant to the post Honorary

Secretary, whose name is Captain Ved Barua. His writ petition,

however, was dismissed by the learned Single Judge by order

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dated 21.02.2014 on grounds that the post of Honorary Secretary,

is not a Government post and it is not a public employment. The

exact findings were as follows:-

“As per the advertisement issued on 03.09.2013 for

appointment as Honourary Secretary of the Assam Flying

Club, the person concerned is required to be technically

competent. However, no qualification as such was laid down.

Admittedly, respondent No.6 is the founder of the College of

Aeronautical Engineering having approval of the Directorate of

Civil Aviation, Government of India. From the materials on

record, it appears that the applications received in response

to the advertisement were processed at different levels of the

Government and, eventually, with the approval of the Chief

Minister of the State, the respondent No.6 was selected for

appointment to the said post. As the advertisement itself

would indicate, the assignment is only honourary, without any

remuneration. If the respondents, in their wisdom, have

selected the respondent No.6 as the technically competent

person to run the affairs of the Assam Flying Club as its

Honourary Secretary, this Court, exercising its writ

jurisdiction, cannot interfere with the said wisdom in absence

of anything showing arbitrary and/or colourable exercise of

power in respect of his selection.

Going by the nature of the advertisement and the

appointment in respect thereof, it cannot be said to fall within

the domain of public employment as is understood in its

common parlance. The respondent No.6 has been selected by

considering his application and credentials and, in the

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process, the candidatures of all other applicants were also

considered and, eventually, on the basis of the materials

furnished by the applicants, the authority decided to appoint

the respondent No.6 as the Honourary Secretary of the Assam

Flying Club, at Borjhar, Guwahati. That being the case, I do

not find anything illegal to interfere with the said decision of

the government and the appointment of respondent No.6.”

22. The order of the learned Single Judge was taken in a writ

appeal being Writ Appeal No.102/2014, which was allowed vide

judgment and order dated 04.03.2015. The Division Bench was of

the opinion that although apparently it was only an honorary post

(Secretary, Flying Club) but it had all the trappings of a public

employment and, therefore, the fair and transparent procedure

ought to have been followed, which had apparently not been done

and, therefore, the writ appeal was allowed and the order of the

learned Single Judge was set aside and the order of appointment

of respondent No.2 as Honorary Secretary was quashed. The

operative portion of the order reads as under:-

“13. From the documents on record it is seen that clause

26(e) of the Byelaws of Assam Flying Club deals with

appointment of the Secretary and the terms and conditions of

his appointment. It says that the Secretary shall be appointed by

the State Government and shall enjoy all the privileges of a

Director or ex-officio member on such terms and conditions as

may be determined by the State Government. In other words, it

is the State Government which is vested with the power to

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appoint the Secretary on such terms and conditions as may be

determined by the State Government.

14. Coming to the advertisement, we find that it was issued

by the Deputy Director of Sports and Youth Welfare,

Government of Assam. Applications were invited by the

Government of Assam for appointment as Secretary of Assam

Flying Club. The Government had decided that such

appointment would be on honorary basis i.e. without payment of

any remuneration under clause 26(e) of the Byelaws.

15. The notification dated 07-10-2013 whereby respondent

No.6 was appointed as Honorary Secretary shows that it was

issued under the signature of the Joint Secretary to the

Government of Assam, Sports and Youth Welfare Department. It

was a Government notification issued in the name of the

Governor of Assam.

16. A conjoint reading of clause 26(e) of the Byelaws, the

advertisement dated 03-09-2013 and the Government

notification dated 07-10-2013 would show that the selection and

appointment was made by the Government of Assam. It was an

executive decision of the State. It is another matter that under

clause 26(e), the State Government has decided to make such

appointment on honorary basis i.e. without any salary or

remuneration. Though the appointment of Secretary of Assam

Flying Club may not fall within the domain of public employment

stricto senso, nonetheless, it was a recruitment made by the

Government. Infact under clause 26(e), it is the Government

which is vested with the power to make the appointment.

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Therefore, it had all the trappings of public employment and

would have to be judged from that perspective.

17. When an appointment partakes the character of public

appointment, such appointment must meet the minimum

standard of fairness and transparency. In other words, such an

appointment must be in conformity with the requirement of

Article 14 of the Constitution. The selection must be conducted

in a reasonable manner which must not be arbitrary. There has

to be a fair assessment of the candidature of the candidates.

From the documents placed on record, including the note-sheet

of the concerned file, which has not been disputed, 19

applications were received in terms of the advertisement. As per

note of the Commissioner and Secretary, Sports and Youth

Welfare Department dated 03-10-2013, it is seen that out of the

19 applicants, as per paper sorting, respondent No.6 was found

to be the most suitable candidate. A proposal was submitted for

appointment of respondent No.6 as Secretary which had the

approval of the Sports Minister as well as of the Chief Minister.

18. Such a selection, in our view, cannot be said to be a

valid selection in the eye of law. When there were 19 applicants,

there had to be a comparative assessment of the suitability of

the candidates. Such assessment must meet at least minimum

acceptable standard and must meet the twin test of fairness and

transparency. It is for the authority to decide as to what

procedure should be adopted for judging assessment of

suitability of the competing claimants. Sorting of papers of the

applicants and thereafter taking a view that one of the

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candidates is the most suitable cannot certainly be treated as an

acceptable selection procedure in conformity with Article 14.

19. Accordingly, we are of the view that selection and

consequential appointment of respondent No.6 as Secretary of

Assam Flying Club in the manner in which it was done, cannot

be sustained and is accordingly set aside and quashed.

Respondents 1 to 4 would be at liberty to hold fresh selection

within a period of 4 months from the date of receipt of a

certified copy of this order. During this interregnum, the said

respondents would also be at liberty to make temporary

arrangement for the post of Secretary as may be deemed fit so

that functioning of the Assam Flying Club is not hampered.”

23. In terms of the directions of the Division Bench of this

Court, the State Government appointed a Secretary level official to

look after the affairs of the Flying Club vide its order dated

27.05.2015. The officer was Shri Ranuj Barkotaky, ACS, who was

the Joint Director of Sports & Youth Welfare Department, who was

to act as In-charge of Assam Flying Club Limited with immediate

effect till a regular selection of Honorary Secretary was made. This

order dated 27.05.2017 was challenged by Shri Bikrom Singha

Lahkar and the Assam Flying Club, by means of a writ petition

being WP(C) No.3218/2015. The said writ petition was dismissed

by the learned Single Judge of this Court vide order dated

04.04.2017. The findings of the learned Single Judge were that the

Assam Flying Club (the one registered under the Societies

Registration Act) and Assam Flying Club Limited (the Co-operative

-22-

Society) are two different entities and the order dated 27.05.2015

appointing the Joint Director of Sports & Youth Welfare

Department as In-charge of the Assam Flying Club Limited was

issued not in respect of the petitioner No.2 Society but in respect

of Assam Flying Club Limited, which was a State Level Co-

operative Society. Apart from dismissing the writ petition, the

learned Single Judge was also of the view that an enquiry must be

conducted by the State Government as to how public property of

the State Government had been put to misuse, etc. This order was

challenged by the Assam Flying Club Limited and respondent No.2

in a writ appeal being Writ Appeal No.99/2017. In the writ appeal,

an entirely different view was taken by the Division Bench. The

Division Bench came to a conclusion that there was no need for an

enquiry as that was not the prayer sought and the order of the

learned Single Judge was set aside, but nevertheless the Registrar

of Co-operative Societies, Assam was directed to conduct an

enquiry and give a finding as to the status of the Flying Club, its

operational activities, and the existence of the Co-operative

Society. Consequent to the said decision, the Registrar of Co-

operative Societies, Assam, passed an order on 21.06.2018, which

is a detail and well considered order, where the findings of the

Registrar of Co-operative Societies are that the Assam Flying Club

Limited is being run as a Co-operative Society and, therefore, in

exercise of the powers conferred under Section 41(6)

2

of the Co-

2 41. (6) Where a Board fails to arrange for holding election before the expiry of the term

of the Board or delegates or where there are no Directors remaining on the Board, the

Registrar shall convene a General Meeting by appointing an officer of the Cooperative

Department for Constitution of the Board within ninety days from the date of such

-23-

operative Societies Act, Sri R.K. Majumdar, IAS, Registrar of Co-

operative Societies, Assam, an In-charge of the Co-operative

Society, i.e. Assam Flying Club Limited, and appointed officials of

the State Government to run the affairs of the Society and directed

the respondent No.2, Shri Bikrom Singha Lahkar, to hand over all

the documents, papers, all assets and properties of the Assam

Flying Club to Sri Anil Hazarika, who was the Joint Registrar of Co-

operative Societies, Assam.

One of the important findings of the Registrar of Co-

operative Societies, Assam, in its order dated 21.06.2018, was that

the Assam Flying Club Limited as a Co-operative Society was still in

existence and needed to be revived. But if the efforts for the

revival fail only then the winding up proceedings be initiated, in

terms of the Assam Co-operative Societies Act, 2007.

24. This order was again put to challenge by the Assam

Flying Club as well as the respondent No.2 by filing WP(C)

No.4749/2018 before the learned Single Judge of this Court. The

learned Single Judge, before whom this order was challenged,

while disposing of the writ petition on 12.04.2019, was of the

opinion that the Assam Flying Club was not being run as a Co-

operative Society. The learned Single Judge did not agree with the

findings of the Registrar that the Assam Flying Club Limited was

still in existence as a Co-operative Society. Therefore, the

conclusion derived by the learned Single Judge was that when the

Co-operative Society was not in existence, there was no purpose of

appointment and the officer so appointed shall perform all functions of the Board during

the said period of ninety days at the cost of the Society.

-24-

reviving or managing the affairs of such a Society. But the

important question which was still to be resolved by the learned

Single and was formulated by the learned Single Judge in

Paragraph 56 is as follows:

“56. Having said that the question still remains as to what

happens to the property which has accrued over the years in

the name of Assam Flying Club or Assam Flying Club Ltd., the

cooperative society. The properties had accrued over the years

on the basis of funds received from the Government. Question

is what happens to such properties since the entity has

become non-existent.”

25. The learned Single Judge then came to the conclusion

that Section 95 of the Assam Co-operative Societies Act, 2007

deals with winding up, appointment of liquidator and his powers

and functions, directed that the liquidator be appointed to wind up

the affairs of the Co-operative Society and passed the following

order:

“57. Section 95 of the 2007 Act deals with winding up,

appointment of liquidator and his powers and functions. As

per sub-section (1), when registration of a society is cancelled

under Section 94(1), Registrar may appoint a liquidator of the

cooperative society. Under sub-section (2), the liquidator so

appointed shall have power from the date of his appointment

to take immediate possession of all assets, properties etc. of

the cooperative society including documents pertaining to the

business of the cooperative society and shall hold charge of

-25-

the cooperative society. Power of the liquidator is provided in

sub-section (3). Under the general control of the Registrar, he

shall have the power so far as is necessary for the winding up

of the cooperative society including settlement of claims etc.

He under the general control of the Registrar can negotiate

with any person, including juristic person, or body for sale of

the land and property of the cooperative society in the best

public interest and the money generated through such sale

shall be deposited in the Government account through the

Registrar. However, in such a situation, it will also be open to

the petitioners to negotiate with the liquidator for purchase of

such assets.”

58. Therefore, having regard to the discussions made

above, the proceedings are summed up as under: -

1. The cooperative society by the name of Assam Flying

Club or Assam Flying Club Ltd. is not in existence.

2. Registrar of Cooperative Societies, Assam shall

appoint a liquidator of Assam Flying Club or Assam Flying

Club Ltd., who shall carry out his mandate under Section

95(2) of the Assam Cooperative Societies Act, 2007 as

deliberated upon in paragraph 57 above.”

26. This order of the learned Single Judge has been put to

challenge by the State of Assam in Writ Appeal No.149/2019 (State

of Assam & Ors. -Vs- Assam Flying Club & Anr.) as well as by the

Assam Flying Club in Writ Appeal No.111/2019 (Assam Flying Club

& Anr. -Vs- The State of Assam & Ors.).

-26-

27. We are afraid that the order of the learned Single Judge

has an apparent contradiction. While the learned Single Judge was

of the opinion that the Flying Club was not a Co-operative Society

then how could it be winded up as a Co-operative Society under

the provisions of Section 95(2) of the Assam Cooperative Societies

Act, 2007.

28. As we have already stated above, there is absolutely no

doubt in our mind that whatever be the juristic personality of

Assam Flying Club Limited, be it in form of a Co-operative Society

or a Society or just a Club, the undisputed fact is that it has always

been under administrative as well as financial control of the

Government. The land which is in the name of the Flying Club is of

the Government, and so are all the other assets. The efforts being

made through a resolution of a meeting held at the residence of

the then Chief Minister of Assam on 03.01.2014 has no legal

sanction. It is in this meeting that resolutions were passed

changing the character of the Flying Club from a Co-operative

Society to that of a Society (to be registered under the Societies

Registration Act). But ultimately what matters is the substance and

not the form or the nomenclature given to the Flying Club. This

long trail of litigation has taken us nowhere. Till now the parties to

the litigation were contesting on the form or the legal personality,

on the juristic personality of the Flying Club. Is the Flying Club a

Co-operative Society or a Society? The matter has now reached a

situation where the important question to be answered is what

was the purpose of this Flying Club, why was it brought to

-27-

existence, who controls it, and where it ultimately belongs. What

matters is the substance and not the form or the nomenclature.

“…..a juristic veil worn for certain legal purposes cannot obliterate

the true character of the entity for the purposes of constitutional

law”.

3

In Som Prakash Rekhi, a judgment of the Apex Court

delivered by Justice V.R. Krishna Iyer, although in a different

context, it was held that the Constitutional Court must lift the veil

to see what lies at the substance. The Apex Court in that case was

examining whether Bharat Petroleum, a successor of Burmah Shell

was actually an “other authority” under Article 12 of the

Constitution of India and while holding that indeed it was an

authority, a test was laid down for that determination. “The true

test is functional. Not how the legal person is born but why it is

created. Nay more.

4

”

29. Right from its very inception as a Co-operative Society in

1958, the membership speaks for itself. The following were the

founding members:-

“Name of the individual member Address

1. Shri Debeswer Sarma Minister of Finance, Assam, Shillong.

2. Shri R.G. Barua Prop, Assam Tribune, Guwahati.

3. Shri I.K. Bezbarua Prop, Natun Assamiya, Guwahati.

4. Shri R.B. Vaghaiwalla Secretary, Community Project

5. Berother J. Foley Principal, St. Admunds College, Shillong.

6. Shri B.K. Barua Secretary, University Classes, Guwahati.

7. Md. Narual Islam Inspector of Schools, Shillong.

3 Som Prakash Rekhi -Vs- Union of India & Anr. :: (1981) 1 SCC 449.

4

ibid

-28-

8. Shri S.C. Rajkhowa Additional D.P.I. Assam.

9. Shri A.C. Sen Resident Director, Shillong,

Hydro Electric Co. Ltd.

10.Shri P.C. Goswami Special Officer, D.T.I’s Office.

11.Shri J.N. Bawri Member, Mawkhar Shillong.

12.Sri A.N. Kidwal Chief Secretary, Govt. of Assam.

13.Shri M. Sultan Secretary, Education, Assam.

14.Shri K.C. Barua Secretary, Rural and Co-operative D.P.T.

15.Shri K. Barua Additional Chief Engineer, P.W.D., Assam.

16.Sri F.H. Hazarika C.O., IGP, Assam, Shillong.

17.Shri D.C. Bhuyan Special Officer, NCC, Assam.

18.Shri P.I. Shome Dy. Secretary, Finance, Assam.”

30. The bye-laws of the Club inter alia states as under:-

“18. The President of the Club shall be the Education

Minister of the State and he shall nominate the Vice-

president. The president shall preside over the General

Meeting and his absence the Vice-President will preside. In

the absence of both, any other member elected as Chairman

of the meeting shall preside.

The Club shall not take into consideration at its

Annual General Meeting a balance sheet which has not been

audited and in which the auditor’s certificate has not been

incorporated nor published the name.”

31. The Flying Club right from 1991-92 has been getting

regular Grant-in-Aids from the Government and that has only

sustained the Club for twenty long years. The details of the grants

are as follows:-

-29-

Details of GIA to Assam Flying Club Ltd.

Sl.

No.

Financial

Year

Sanction No. & Date of sanction Gross Amount

1 1991-92 DSY/29/77/pt-III/85/260 dtd.

30.05.1991

150000.00

2 1991-92 SYW/84/90/132 dtd. 07.11.1991 500000.00

3 1991-92 SYW/84/90/140 dtd. 31.03.1991 500000.00

4 1992-93 SYW/84/90200 dtd. 23.12.1992 450000.00

5 1993-94 SYW/106/92/25 dtd.31.07.1993 115200.00

6. 1993-94 SYW/84/90/220 dtd.31.03.1994 50000.00

7 1994-95 SYW/84/90/247 dtd.25.03.1995 450000.00

8 1994-95 SYW/106/92/42 dtd.31.03.1995 866000.00

9 1995-96 SYW/84/90/308 dtd.31.03.1996 1300000.00

10 1996-97 SYW/106/92/53 dtd.30.07.1996 70000.00

11 1996-97 SYW/106/92/64 dtd.15.03.1997 53000.00

12 1996-97 SYW/84/90/341 dtd.13.03.1997 850000.00

13 1997-98 SYW/106//92/81 dtd.07.10.1997 210000.00

14 1998-99 SYW/106/92/92 dtd.22.05.1998 52000.00

15 1998-99 SYW/106/92/88 dtd.14.07.1988 158000.00

16 1998-99 SYW/84/90/pt-I/76 dtd.07.01.1999 400000.00

17 1998-99 SYW/84/90/pt-I/88 dtd.11.03.1999 100000.00

18 1999 SYW/106/92/93 dtd.03.07.1999 225000.00

19 1999 SYW/84/90/pt-I/116 dtd.08.10.1999 1300000.00

20 2000 SYW/100/92/96 dtd.10.08.2000 100000.00

21 2000 SYW/106/92/96 dtd.10.08.2000 125000.00

-30-

22 2000 SYW/84/90/pt-I/135 dtd.02.02.2001 150000.00

23 2001 SYW/106/92/100/dtd.06.08.2001 225000.00

24 2001-2002 SYW/106/92/107 dtd.03.01.2002 100000.00

25 2001-2002 SYW/84/90/pt-I/163 dtd.10.03.2003 300000.00

26 2002-2003 SYW/106/92/122 dtd.23.09.2002 225000.00

27 2002-2003 SYW/84/90/pt-I/146 dtd.10.03.2003 300000.00

28 2003-2004 SYW/21/97/36 dtd.12.11.2003 225000.00

29 2003-2004 SYW/84/90/pt-I/177 dtd.11.12.2003 500000.00

30 2003-2004 SYW/21/97/55 dtd.18.01.2004 425000.00

31 2004-2005 SYW/84/90/pt-I/197 dtd.04.03.2005 850000.00

32 2005-2006 SYW/84/90/pt-I/111 dtd.06.09.2005 200000.00

33 2005-2006 SYW/21/97/93 dtd.07.10.2005 225000.00

34 2005-2006 SYW/84/90/pt-I/243 dtd.06.01.2006 3000000.00

35 2005-2006 SYW/32/2006/64 dtd.27.03.2006 630000.00

36 2006-2007 SYW/21/97/109 dtd.26.09.2006 800000.00

37 2007-2008 SYW/21/97/124 dtd.03.10.2007 808000.00

38 2008-2009 SYW/21/97/134 dtd.16.07.2008 808000.00

39 2009-2010 SYW/21/97/153 dtd.26.11.2009 816000.00

40 2011-2012 SYW/21/97/255 dtd.13.01.2012 832000.00

41 2013-2014 SYW/21/97/266 dtd.20.09.2013 848000.00

42 2013-2014 SYW/41/2014/22 dtd.27.03.2014 3047000.00

Grand total 2,42,38,200.00

-31-

32. There is evidence which shows that Assam Flying Club

Limited was a Co-operative Society registered under the society

registered under the Assam Co-operative Societies Act, 1949,

which the Registrar of Co-operative Societies in his order dated

21.06.2018 has relied upon. But it is also a fact that somewhere

down the line those who were running this Club lost the plot. They

had no idea whether to run it simply as a Club or a Co-operative

Society, inasmuch as, they were not furnishing the annual

accounts to authorities, nor was there general body meetings of

the Co-operative Society, as was required in law. But the fact

remains that when the Club was falling into disuse and was getting

defunct, efforts were made by none other but the Government

albeit in a very ad-hoc and non-committal manner, but

nevertheless there were efforts in 2005, 2007 and 2013, on record

where the clear intention of the Government was to somehow

arrest the downfall of this Club, which was earlier a functional

institution of Assam. We have also noticed a consistent control of

the State authorities over this Club. It has already been referred

above that the President of the Club were the Sports Minister or

Education Minister and later the Chief Minister himself. There was

a large body of high ranking civil servants who were given the

control of the Club by inducting them as members of its Governing

Body. A different path was taken when efforts were made to

change the nature of this Club from a Co-operative Society to a

Society registered under the Societies Registration Act. It is not in

doubt that these efforts to change the nature of the Club from a

Co-operative Society to a Society (registered under the Societies

-32-

Registration Act), was to give more control and authority to the

Secretary of the Society Shri Bikrom Singha Lahkar. We say this

because by its very nature a Co-operative Society is committed

towards the interest and welfare of its members, unlike a Society.

Further it has stronger control by the Government and its

authorities. Even an elementary level Co-operative Society has to

work under control and supervision of State authorities,

particularly under the Registrar of Co-operative Societies. The

present case was of a State Level Co-operative Society, which had

most of its members as functionaries of the State Government and

hence the control was even stronger. Unlike this, a Society has

much less control by the Government and for this reason there is

always a danger of powerful elements within the Society taking

control of the Society. Now as we have seen, that the society was

formed largely due to the efforts of Shri Bikrom Singha Lahkar,

and it had the following members in the Executive Committee:-

Name in Full Address, Occupation Designation

1. Tarun Gogoi

Hon’ble Chief Minister,

Assam

President, Assam

Flying Club

2. Dhirendra Nath

Bezboruah

Veteran Journalist, Guwahati Life Member,

Assam Flying Club

3. Prafulla Gobinda

Baruah

Chairman/Editor, Assam

Tribune Group/Son of

founder AFC

Life Member,

Assam Flying Club

4. Capt. Robin Bordoloi MLA, Guwahati/Ex Student-

AFC

Life Member,

Assam Flying Club

5. Iqbal Hazarika Air Commodore (Retd.),

Shillong

Life Member,

Assam Flying Club

-33-

6. Nitu Lahkar

Director, CAE, Guwahati Life Member,

Assam Flying Club

7. Capt. KKK Singh Ex Student/Ex Flying

Instructor of AFC, Biswanath

Chariali

Life Member,

Assam Flying Club

8. Jyoti Prasad Sarma Aircraft Technician, Baksa Life Member,

Assam Flying Club

9. Jyotirmoy Das Aeronautical Student,

Guwahati

Life Member,

Assam Flying Club

10. Dilsan Ahmed Aeronautical Student,

Nalbari

Life Member,

Assam Flying Club

11. Johnny Basumatary Aeronautical Student,

Udalguri

Life Member,

Assam Flying Club

12. Prakash Jaiswal Aeronautical Student,

Tinsukia

Life Member,

Assam Flying Club

13. Rahul Roy

Aeronautical Student,

Guwahati

Life Member,

Assam Flying Club

14. Diganta Saikia Aeronautical Student,

Nagaon

Life Member,

Assam Flying Club

15. Diganta Boro

Aeronautical Student Life Member,

Assam Flying Club

16. Dimpal Hazarika Aeronautical Student,

Nalbari

Life Member,

Assam Flying Club

17. Arnob Bora

Aeronautical Student,

Karbi Anglong

Life Member,

Assam Flying Club

18. Dharitri Baishya Aeronautical Student,

Guwahati

Life Member,

Assam Flying Club

19. Bikrom Singha

Lahkar

Founder, CAE Secretary/ Life

Member, Assam

Flying Club

33. We can easily notice that out of the nineteen members of

the Executive Committee, eleven are directly associated with a

-34-

college called “College of Aeronautical Engineering” of which Shri

Bikrom Singha Lakhar is the Accountable Manager who also refers

himself as the founder of this Engineering College, which is also

located near the Flying Club.

34. The Assam Flying Club was to be under control of College

of Aeronautical Engineering (of which Shri Bikrom Singha Lahkar

was the founder and the Accountable Manager), is further evident

from the fact that in the bye-laws of the Assam Flying Club (which

was to run as a Society), it is clearly mentioned that the Secretary

of the Society shall be from the College of Aeronautical

Engineering. Rule 17 reads as follows:-

“17. The President or Chairman of the Assam Flying Club

shall be the Hon’ble Chief Minister of Assam. If the Hon’ble Chief

Minister of Assam declines to be President or Chairman then

General Assembly will elect a President or Chairman. The

General Assembly shall elect two Vice-Presidents or Vice-

Chairmen at the Annual General Meeting. The President or

Chairman shall preside over the General Meeting and Annual

General Meeting and in his absence the Vice President or Vice

Chairman will preside. In the absence of both, any other

member elected as Chairmen of the meeting shall preside. The

Secretary shall be from the College of Aeronautical

Engineering, who took whole initiative or restarting of Assam

Flying club in the year of 2013. Thus, Club was defunct for

more than two decade and Government constituted

Governing body decided in the year 2011 to close Assam

-35-

Flying Club permanently and merged with NEC proposed

Aviation manpower training institute at Lilabari.

The Club shall not take into consideration at its Annual

General Meeting a balance sheet which has not been audited in

which the auditor’s certificate has not been incorporated nor

publish the same.”

(Emphasis provided)

35. There were hence ingenious efforts on part of Shri Bikrom

Singha Lahkar to take control of the affairs of this Flying Club, and

to bring it under the control of his College of Aeronautical

Engineering, which he was running. This was neither just nor

proper. The Assam Flying Club Limited is an instrument of none

other but of the State, in whichever form it exists. The property

which were in the name of the Flying Club belong to the

Government in the form of the land, aircraft, the movable and

immovable assets and even intangible assets in the form of the

goodwill of the Club, its trademark, its logo. All this cannot go into

private hands.

36. Strong words have been used by the State authorities

against Shri Bikrom Singha Lahkar. His motives and intentions

have been questioned. There are also counter allegations by Shri

Lahkar as well. But we are not here to deal with these aspects. We

have already noticed the efforts of Shri Lahkar, in gaining control

over the Club. Yet it is possible that Shri Lahkar may have had

nothing but good intentions to run the Flying Club. We only do not

-36-

approve the manner in which the control of the Flying Club was

sought to be taken away, though as we have said it is possible

that the intention behind these efforts may have been only to

revive an institution. Before this Court Shri Lahkar has argued his

case in person. He was forthright and never dodged a question put

to him by the Court. He had done his study well, and was ready

with his papers. But all this does not help his case. His induction

as the Secretary of the Club was wrong, as held by the Division

Bench of this Court in Writ Appeal No.102/2014. What is more

important is the fact that Shri Lahkar also runs an Aeronautical

Engineering College, which is located not very far from the Airport.

In fact, ten of the members who attended the meeting held on

03.01.2014 at the residence of the then Chief Minister, were the

students of the said Engineering College. His efforts to change the

Co-operative Society into a Society (registered under the Societies

Registration Act, 1860), were again wrong. Moreover, his efforts

have not improved the condition of the Flying Club. Pilots were not

trained, aircrafts did not fly. The undue favours shown towards

Shri Lahkar are evident by the manner Shri Lahkar was inducted as

an Honorary Secretary and the manner in which the meeting of

03.01.2014 was called and the decisions taken therein. The Club

always had a deep and pervasive control, both financially as well

as administratively, of the State. All the immovable and movable

properties of the Club are of the State, Shri Lahkar has no claim on

these.

-37-

37. Consequent to the conclusions and the findings we have

arrived at we allow the writ appeal of the State (i.e. Writ Appeal

No.149/2019) and dismiss the Writ Appeal No.111/2019. The

order of the learned Single Judge dated 12.04.2019 is hereby set

aside.

38. We also direct as follows:

(i) The entire control and administration of the Flying Club

shall now vest with the Government of Assam.

(ii) The entire property of the Flying Club, which is in the

form of land measuring 6 Bighas 12 Lechas (PP

No.336, Dag Nos.1038, 1039 and 475) situated at

Village - Borjhar, Mouza - Dakhin Rani, Assam,

adjacent to LGBI Airport, shall vest in the name of the

State. It is now for the Government to revive the

present Flying Club in whichever manner it deems best,

but keeping the financial and administrative control of

the Club with itself.

(iii) The respondent No.2, Mr. B.S. Lahkar, shall handover

the entire property, which is in the name of the Flying

Club, all documents, articles, etc., of the Flying Club,

which are in his possession, including the keys of the

Hangar to the Chief Secretary of the State. Let the

handing and taking over be done within ten days from

the date and time the order is uploaded on the website

-38-

of the High Court. Let the handing and taking over be

done under the supervision of the Registrar General of

this Court. It is then for the State Government to take

up the matter with the Airport Authority of India (AAI),

and with other concerned authorities for revival of the

Flying Club, and for other issues such as the one

relating to the Hangar.

39. The learned Single Judge of this Court while deciding a

related matter of this Flying Club (in WP(C) No.3218/2015), had

directed that an inquiry be done by the State Government or the

Upa-Lokayukta, Assam. This order when it was taken in the writ

appeal i.e. Writ Appeal No.99/2017 was set aside as the Division

Bench of this Court was of the opinion that such a relief neither

sought by any of the parties, and hence it is not proper for the

learned Judges to order for an inquiry. Before us, however, both

Shri Bikrom Singha Lahkar as well as the State Government

represented by Shri D. Saikia, learned Senior Standing Counsel,

Government of Assam during their arguments expressed their

desire that they would welcome an inquiry into this matter. In

view of this, we leave it open to the State Government that while

making every effort to revive the Flying Club without diverting

their effort from the revival of the Flying Club, in case they deem it

fit and proper nothing would stop them from holding an inquiry

into the matter as to how this institution fell into disuse and who

were responsible for it. We have been told that till now a grant of

more than two crores have been given to this Club from Plan and

-39-

Non-Plan expenditure. What use was made of these grants should

also be explained.

40. Considering the past history of this Flying Club, which has

produced many Pilots, it would be in the best interest of Assam

and Guwahati, and in fact the entire North East India that it has a

functional and running Flying Club which would cater to the needs

of the North Eastern Region, particularly of its youth. We hope and

trust that the Government will not spare any effort in reviving the

Assam Flying Club. The Assam Flying Club had a glorious past; we

hope and trust that its future becomes even more glorious than its

past!

41. Writ appeals stand disposed of in terms of the above.

42. Interim orders, if any, passed earlier stand vacated.

JUDGE CHIEF JUSTICE

Comparing Assistant