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 19.6.2005, in connection with the afore-noted case. During the period of detention, the Controller of Examination of the Gauhati University, along with a professor of chemistry of the Gauhati University, visited Nagaon to take the stock of the situation and prepared a report dated 24.6.2005, under the caption "Report on the alleged malpractice by some examiners as reported in some newspapers on 26.6.2005 and the police case registered in Nagaon in this connection". Since the petitioners were under detention, they did not have any knowledge of the enquiry so made by the officials of the University nor could they participate in such enquiry.

4. However, basing upon the aforesaid report, the Executive Council of the University, formed a 2-member enquiry committee headed by Justice(Retired) DN Choudhury, and Sri K.K.Bora, former chairman of Assam Higher Secondary Education Council, vide notification dated 28.6.2005. The terms of reference of the enquiry committee are as follows:

i) To identify the persons, both official and non-official, responsible for the gross irregularities committed at different levels right from individual examiners upto the Zonal Office and the office of the Controller of Examination, Gauhati University, relating to evaluation of the answer scripts of the TDS(2+1) Examination, 2005 of the Gauhati University.

ii) To identify the loopholes, if any, in the system of conducting examinations by the Gauhati University and to suggest measures for necessary remedy.

5. The enquiry committee issued show-cause notices to the petitioners on 15.7.2005, asking them to furnish written statement to the committee, if any. Accordingly, the petitioners submitted their statement denying the allegations made in the show-cause notice. However, during the entire period, petitioners had been in judicial custody in connection with this case. They were not aware of the proceedings initiated by the enquiry committee and its observation and recommendation, if any. The petitioners were, subsequently, issued with show-cause notice by the university on 28.10.2005, asking them to show cause as to why their BA degrees conferred by the university would not be stripped, in view of the report of the enquiry committee formed by the University.

6. It has been submitted on behalf of the petitioners that although the show-cause notice dated 28.10.2005, allegations were levelled against the petitioners for indulging in bizarre acts of reprehensible nature, there is no categorical allegation as what exactly or precisely was the bizarre acts petitioners had indulged in. Learned counsel for the petitioners has pointed out that though the show-cause notice dated 18.10.2005, issued by the respondent-University referred to the view-points taken by the Executive Council as the basis of