High CourtsSingle Bench(2018) 01 GAU CK 0033

MD. SOHRAB ALI AHMED vs THE GAUHATI UNIVERSITY and ORS

Gauhati High Court · Decided on 18 January 2018

HON’BLE JUDGES
Achintya Malla Bujor Barua
RESULT
Disposed
CASE NUMBER
784 of 2012

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Judgment

21 paragraphs · 433 words
1.

Heard Mr. S. Nath, learned counsel for the petitioner. Also heard Mr. L.P. Sarma, learned standing counsel appearing for the Gauhati

University.

2.

The petitioner took admission in the LLB course in the Bongaigaon Law College for the session 2004-2005. He appeared for the preliminary

examination held in the year 2005-2006, then in the intermediate examination held in the year 2006-07. But in the final examination held in the year

2007- 2008 he could not succeed in the fourth paper. It is stated that for the fourth paper, the petitioner again appeared in the examination held in

the year 2008, 2009 and 2010. But on all such occasions, he could not succeed. In paragraph-5 of the writ petition, it is stated that for the

purpose of appearing in the examination held in the year 2011, the petitioner had paid the fees amounting to Rs.3050/-, but no admit card was

issued to him. When he approached the authorities, he was informed that only four attempts can be made for clearing the back subjects and as the

petitioner had exhausted all the four opportunities, therefore, no further opportunities can be given to him. In the circumstance, this writ petition has

been preferred for a direction to the respondent authorities to allow the petitioner to appear in the final LLB examination once again for the year

2012.

3.

Although the matter has been pending from the year 2012, but the order-sheet indicates that the writ petition was not listed after 18.12.2012

and neither there is any indication that there was any attempt on the part of the petitioner to approach the Registry to get the matter listed on an

earlier date.

4.

In any view of the matter, Mr. L.P. Sarma, learned standing counsel for the Gauhati University states that in the circumstance, the only available

option before the petitioner would be to make an application to the Vice Chancellor of Gauhati University who would consider the grievance of the

petitioner and in the event of such application being made, the grievance of the petitioner would be considered by the Vice Chancellor.

5.

In view of such submission of the learned standing counsel for the Gauhati University, this writ petition stands disposed of by providing that the

petitioner may submit an application before the Vice Chancellor of the Gauhati University and upon the same being filed, the Vice Chancellor shall

consider the grievance of the petitioner within a period of two months from the date of submission of the application by the petitioner.

6.

In terms of the above, this writ petition stands disposed of.