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2023 Supreme(Gau) 1339
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ACHINTYA MALLA BUJOR BARUA, J.
Dipika Das @ Dipika Ahmed And Anr - Appellant
Versus
The State Of Assam And Ors - Respondents
WP(C) 5740 of 2023
Decided on : 28-11-2023
Advocate Appeared:
For the Appellant : MR H BEZBARUA
The judgment establishes the discretionary power of the Vice Chancellor to take immediate action in emergency situations, allowing for deviation from existing rules and regulations.
Headnote:
Emergency - LLB Final Examination - Gauhati University Act, 1947, Section 8 B(1)(4) and Assam General Clauses Act, 1915, Section 23
Fact of the Case:
The petitioner, a student of Dispur Law College, seeks permission to appear in the LLB final examination from a center in South Salmara Mankachar district due to threats to her safety if she returns to her marital home.
Finding of the Court:
The court acknowledges the technical inconvenience of allowing the petitioner to appear in the final examination from another law college but recognizes the discretionary power of the Vice Chancellor under Section 8 B(1)(4) of the Gauhati University Act, 1947 and Section 23 of the Assam General Clauses Act, 1915 to take immediate action in emergency situations.
Issues: The main issue is whether the petitioner can be allowed to appear in the final examination from a center in South Salmara Mankachar district due to safety concerns.
Ratio Decidendi: The court interprets the provisions of Section 8 B(1)(4) of the Gauhati University Act, 1947 and Section 23 of the Assam General Clauses Act, 1915 to empower the Vice Chancellor to take immediate action in emergency situations, allowing for deviation from existing rules and regulations.
Final Decision: The court directs the petitioner to submit a representation to the Vice Chancellor detailing the safety concerns, and requests the Vice Chancellor to pass a reasoned order within seven days, considering alternative law colleges if necessary.
JUDGMENT :
Heard Mr. H. Bezbarua, learned counsel for the petitioners. Also heard Mr. P.J. Phukan, learned counsel for the respondents in the Gauhati University and Mr. S. Bhuyan, learned counsel for the respondents in the Higher Education Department of Government of Assam.
2. Considering the nature of the grievance raised we are not required to hear the Principal of Dispur Law College for the time being.
3. The petitioner No. 1 is originally a student of LLB course in the Dispur Law College at Guwahati. While she was undergoing the course, she got married to the petitioner No. 2 namely Akhlasul Ahmed who is a resident of village Kanaimara Part-I under Police Station South Salmara in the South Salmara Mankachar district of Assam and after marriage she is residing in her marital home in the South Salmara Mankachar district.
4. The circumstance in which the petitioner married her husband is stated to be unacceptable to her family members and accordingly, an apprehension is raised that if the petitioner returns back to appear in her final law examination from Dispur Law College, there may be a serious threat to her from persons who were inimical to her marriage. Accordingly, this writ petition is instituted for a direction that the petitioner No. 1 be allowed to seat in the LLB final examination from any of the centers from South Salmara Mankachar district so as to avoid the possibility of untoward situation if she comes back to appear in the final law examination from the Dispur Law College.
5. Mr. P.J. Phukan, learned counsel for the respondents in the Gauhati University after referring to all the relevant rules and regulations that are presently in force makes a submission that under the existing rules and regulations it is not permissible for a student of one law college to appear in the final law examination from another law college and therefore, there will be a technical inconvenience to accept the prayer of the petitioners.
6. We respect the submissions of Mr. P.J. Phukan, learned counsel for the Gauhati University and do not want to impose it on the respondents in the Gauhati University to do something which is impermissible under the rules and regulations. But however, it has been pointed that the Vice Chancellor of the University under Rule 8 B(1)(4) of the Gauhati University Act, 1947 has a discretionary power to pass any order in any emergency which in the opinion of the Vice Chancellor requires an immediate action to be taken and in such event the Vice Chancellor may take any such action as he deems necessary and thereupon, at the earliest opportunity report his action to the officer authority or other body which in ordinary course, would have dealt with the matter.
7. Reference is also made to the provisions of Section 23 of the Assam General Clauses Act, 1915 which is para-materia to Section 21 of the Central General Clauses Act which provides that wherever by any Act, a power to make or issue notifications, orders, schemes, rules, forms, or bye-laws is conferred, then that power also includes a power exercisable in the like manner and subject to the like sanction and conditions (if any) to add to, amend, vary or rescind any notification, orders, schemes, rules, forms or bye-laws to made. By referring to Section 23 of the General Clauses Act, a submission is made that even though the rules and regulation presently in force do not permit a student to appear in the final year law examination from a center other than the college where the student had undertaken the course but Section 23 of the General Clauses Act also provides a power to the authorities to deviate from the existing rules and regulations if the peculiar facts and circumstances of a particular matter may require it to be done.
8. Section 23 of the General Clauses Act as well as the Section 8 B (1) (4) of the Gauhati University Act, 1947 are extracted as below:
“23.Power to make to include power to add to, amend, vary or rescind orders, rules or bye-laws.
Where,
