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2012 Supreme(Gau) 687

A.C.UPADHYAY
Tajammal Hussain Choudhury – Appellant
Versus
Gauhati University represented – Respondent


Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. A.C. Borbora, Sr. Advocate, Mrs. R. Borbora, Mr. M.G. Singh, Miss M. Dutta, Miss N. Sarma and Mr. M. Smith, Advocates
For Respondents/Defendant: Mr. L.P. Sarma, Standing Counsel, Gauhati University

JUDGMENT

Arun Chandra Upadhyay, J.

1. Since both the writ petitions aforementioned arose out of same factual matrix and raised similar questions of law, I propose to take up both these writ petitions together, for hearing and disposal. The petitioners have challenged the order dated 22nd April, 2010 passed by the Registrar, Gauhati University, stripping them of their BA degrees, conferred to them by the Gauhati University i.e. the respondent no.1. The facts leading to the filing of the writ petitions may be stated, in brief, as follows:

2. Both the petitioners, who are master degree holders were appointed as lecturers in Ghana Kanta Barua College of Morigaon, affiliated to Gauhati University. On 19.6.2005, Naogaon PS Case No.449/2005(under Section 120(B), 306, 468, 420 & 34 IPC), was registered on the basis of seizure of answer-scripts of TDC(Part-I & II) of the Gauhati University from the residence of one Md Abdul Motlaib, a lecturer at Haji Anfor Ali College, Doboka.

3. It has been stated on behalf of the petitioners that both the petitioners were accredited examiner and evaluator of answer-scripts of the Gauhati University. Both the petitioners were arrested by Nagaon police, on 19.


























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