The right to education is a fundamental right guaranteed under Article 21 of the Constitution of India.

ORDER :- The matter relates to a premier educational institution of this part of the country which so far contributed as a centre of acquisition of knowledge.

2. The petitioner is presently studying in the First Year Science of Three Year Degree Course (TDC) in the Cotton College, Guwahati. After passing her All India Sr. School Certificate Examination (Class XII) in the year 1995, she was admitted in the First Year (Science) of TDC and was pursuing her studies with Zoology as major, with Botany, Anthropology and English. The final examination of 1st Year (Science) of the TDC of Cotton College was held in the month of March 1996 and the petitioner appeared in the said examination. On 23-3-96 while she was in the midst of her examination the petitioner was served with a notice from the office of the Dean of the Cotton College, Guwahati. By the said notice the petitioner along with another student was asked to produce their original mark sheets along with other relevant documents on the basis of which they were admitted to 1st Year (Science) of T.D.C. for the session 1995-96, before the Dean of Cotton College on or before 30-3-96. On receipt of the same notice the petitioner furnished her original mark sheet and other relevant documents mentioned before the Dean for verification. According to the petitioner after verification of the said documents in original the Dean returned the same to the petitioner. The Dean in her affidavit admitted that the petitioner produced her original mark-sheet and documents before 30-3-96, but asserted that the petitioner did not produce the original Medical Certificate, a copy of which was enclosed along with her application seeking admission in the T.D.C. 1st Year Science under physically handicapped quota.

3. The results of the 1st Year (Science) Examination for the year 1995-96 was declared in April 1996 by the college authorities in the Notice Board of the College and against the Roll No. of the petitioner it was shown "withheld for some official reasons". The petitioner has approached the authority. According to the petitioner she was informed that her results was withheld because of misplacing of some official files, and, however, she was assured that results will be cleared within a short time. From the month of July 96 the 2nd year classes resumed. The petitioner could not attend the 2nd year classes unless she is formally admitted after declaration of the results. The petitioner has asserted that she is, however, attending the classes. On the insistence of the father of the petitioner, he was furnished with a copy of the notice dated 17-7-96 issued by the respondent No. 2-The Dean of Cotton College, Guwahati. By the said notice it was intimated that the results of the petitioner along with another student was "withheld for some official reasons. The Heads of the concerned Departments are requested not to enter the names of the following students in the college register book. This may be treated as most important." The said notice was also circulated to all the Heads of Departments of the College and marked as Annexure E of the writ petition.

4. The petitioner failing to get redress from the college authority, she moved this court by way of Art. 226 of the Constitution.

5. The learned counsel for the petitioner Mr. C. Baruah has submitted that the authorities in a most arbitrary fashion refused the petitioner her right to continue with her studies without assigning any reason. The denial to attend class and thereby denial to pursue her studies by the respondent authority amounts to deprivation of her liberty without affording any opportunity even to know the ground of the negation and the right to defend her reputation and dignity. According to Mr. Baruah, the petitioner was denied justice and fair play in action. Mr. A. K. Bhattacharyya, learned advocate appearing on behalf of the college authorities, submitted that the reasons fo