Judgement

WANCHOO, CJI. :- This is an appeal by special leave against the judgment of the Assam High Court by which the writ petition filed by the appellant was dismissed. Brief facts necessary for present purposes are these. It appears that the appellant was expelled from the Medical College Gauhati on October 26, 1966. It is said that the appellant tendered unqualified apology on October 27, l966 and attended classes up to the end of October 1966. The Principal however does not seem to have accepted the apology and when the appellant went on November 2, 1966, to deposit the fee for the examination which was to be held from November 4, 1966, he was told that as he had been expelled and as the order of expulsion stood no examination fee would be accepted from him. It was thereafter that the appellant filed the writ petition on November 3, 1966, out of which the present appeal has arisen.

2. It may be mentioned that the High Court was in vacation from September 17, 1966 to November 18, 1966. Mr. Justice S. K. Dutta was nominated as the Vacation Judge for the vacation and certain dates were fixed on which ho was to sit and hear urgent civil and criminal application. One of these dates