JUDGMENT :

Soumitra Saikia, J.

Heard Mr. T. Chakraborty, learned counsel for the appellants. Also heard Mr. P. J. Phukan, learned standing counsel for the respondent Nos. 2, 3 & 4.

2. This appeal is directed against the order dated 04.01.2023 passed in WP(C) No. 7211/2022 by the learned Single Judge. The appellants had taken admission in the Gauhati University, Institute of Distance and Open Learning (IDOL, in short) for the academic year 2016-17 for pursuing their M.A. and M.Sc degrees. The appellant No. 1 although cleared the 1st, 2nd and 3rd Semester Examinations, he could not appear in one paper of his 4th Semester Examination due to his illness. The appellants No. 2, 3, 4 & 5 cleared their 2nd, 3rd and 4th Semester Examination; however, the appellants No. 2 & 3 could not clear two papers in the 1st Semester Examination and the appellants No. 4 & 5 could not clear their 1st paper in 1st Semester. The appellants were required to clear their semester examinations within 2021 but due to COVID-19 Pandemic situation, no examination was held in the year 2020-2021 and as such they were entitled to complete their examinations on 2022. The University by notice dated 07.09.2022 asked all the candidates to appear for the betterment/back paper examinations for M.A., M.Sc., M.Com and to fill up their forms online for examinations within 30.09.2022 for the 1st and 4th semester examinations to be held in November-December, 2022. Subsequently, another notice was issued on 28.09.2022 extending date for filling up of examination forms till 14.10.2022. When the appellants tried to fill up their forms through online mode, it was found that there is no provision for filling up examination forms for back paper of 1st and 4th Semester of 2016-17 Batches. The appellants approached the University authorities requesting them to fill up their forms through offline mode however the same was declined by the University authorities. The appellants approached this Court by filing writ petition being WP(C) No. 7211/2022 on the ground that they were not permitted to clear backlog papers and the five years period in respect of their batch i.e. 2016-17 batch had not been completed in view of the COVID-19 Pandemic situation. It was further urged that for batches 2014-2015 and 2015-16, the University authorities had granted the candidates seven years and six years respectively to complete their courses by considering the COVID-19 Pandemic situation. It was further urged that in respect of other Distance and Open Learning mode provided by Dibrugarh University, the prospectus clearly mentioned that all semester examination must be cleared within five years from the date of admission to the 1st semester to any programme. Similarly, the prospectus of Krishna Kanta Handique State Open University, the maximum period for completion of Master Degree through Distance and Open Learning Mode Programme is six years whereas no such stipulation is found in the prospectus of Gauhati University for the batch of 2016-17.

3. The writ petition was contested by the University authorities. The learned Single Judge upon consideration of the entire matter dismissed the writ petition holding that the appellants as the petitioners therein had failed to establish that the action of the respondent authorities was arbitrary. The learned Single Judge held that the appellants/writ petitioners failed to place anything on record about existence of any special circumstances to grant them more time to appear in the examination notified by the respondent University by Notice dated 07.09.2022 and Notice dated 28.09.2022 to clear their back papers in the 1st and 4th Semesters examinations under the Gauhati University Institute of Distance and Open Learning (IDOL). The learned Single Judge held that there cannot be any negative equality. Aggrieved the present writ appeal is preferred by the writ petitioners as the appellants on the following grounds:-

“1. For that the Learned Single Judge erred in law