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2025 Supreme(Gau) 432

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN, J.
Ham-Ak Rural College of Education Rep. By Its Director, Dr.inamul Hassan - Appellant 
VERSUS
The Registrar Gauhati University And Ors - Respondent 
WP(C)/4212/2024
Decided On : 07-04-2025 

Advocates:
Advocate Appeared:
Advocate for the Petitioner: MR. A C BURAGOHAIN, MS. H BORAH,MS. S NATH
Advocate for the Respondent: SC, G U, SC, G U,SC, N C T E,SC, N C T E

The court affirmed that educational institutions must comply with regulatory standards, and the authority to keep affiliations in abeyance is inherent, provided due process is followed.

Headnote:(A) Constitution of India - Article 226 - Education - Petitioners challenged the Notification dated 08.08.2024, which deleted their college from the list of recognized colleges. The petitioners argued that the deletion was arbitrary and without jurisdiction, violating Section 14(6) of the NCTE Act, 1993. The court found that the college's affiliation was kept in abeyance due to non-compliance with regulations and serious allegations against its management. (Paras 6, 19, 24)

(B) Education Law - The court emphasized that the power to withdraw affiliation is inherent and must follow due process, including inspections and compliance with educational norms. (Paras 10, 19)

(C) Procedural Fairness - The court noted that the petitioners were not given an opportunity to be heard before the deletion of their college's name, which raised concerns about procedural fairness. (Paras 9, 24)

Facts of the case:
The petitioners, a college and its students, sought to quash a notification that removed the college from the list of recognized institutions, claiming it was done without proper procedure and notice.

Findings of Court:
The court ruled that the college's affiliation was not revoked but kept in abeyance due to non-compliance with educational standards and ongoing legal issues against its management.

Issues: The main issues included whether the university had the authority to keep the college's affiliation in abeyance and whether the petitioners were afforded due process.

Ratio Decidendi: The court held that the university acted within its rights to keep the affiliation in abeyance based on inspection reports and legal allegations against the college, emphasizing the need for compliance with educational regulations.

Result: The petition was disposed of with directions for the university to declare examination results and review the affiliation status within specified timelines.

JUDGEMENT & ORDER :

ROBIN PHUKAN, J.

Heard Mr. A.C. Buragohain, learned Senior Counsel, assisted by Mr. R. Singh, learned counsel for the petitioners; Mr. P.J. Phukan, learned standing counsel for the respondent Nos. 1 & 2; and Mr. I. Alam, learned counsel for the respondent No. 3.

2. In this petition, under Article 226 of the Constitution of India, 65 petitioners have prayed for setting aside and quashing the Notification, dated 08.08.2024, bearing Memo No. GU/AFF/B.Ed. Colleges/8205.

3. It is to be noted here that vide impugned Notification, dated 08.08.2024, bearing Memo No. GU/AFF/B.Ed. Colleges/8205, the respondent Nos. 1 & 2 had deleted the name of the petitioner college from the list of recognized college of affiliation.

4. During the pendency of this writ petition, the petitioners have filed following three interlocutory applications:-

(i) I.A.(Civil) No. 442/2025, for staying the two resolutions, adopted by the respondent Nos.1 and 2, being Nos. R/EC- 03/2023/31(B)(xiv), dated 22.09.2023 and R/EC-03/2024/36(B)(10), dated 28.10.2024; whereby the B.Ed. course of the petitioner’s college is kept in abeyance;

(ii) I.A.(Civil) No. 377/2025, for quashing the order dated 01.09.2023, bearing Memo No. GU/AFF/2023/7064-69, issued by the Registrar of the Gauhati University (GU, for short), keeping in abeyance the affiliation of the petitioner’s college and keeping the admission process on hold, without having any jurisdiction to do so;

(iii) I.A.(Civil) No. 444/2025 for issuing direction to the respondent authorities to declare the result of 100 students, who have duly st appeared in the 1 year B.Ed. examination for the year 2023 – 2024.

5. As the parties involved in this petition and also in interlocutory applications are common and as agreed upon, and also for the sake of convenience, it is proposed to dispose of the main petition along with all the interlocutory applications by this common judgment and order.

Background Facts:-

6. The background facts leading to filing of this petition are adumbrated herein below:-

“The petitioner No. 1 college, Ham-AK Rural College of Education, is imparting B.Ed. Degree in Nagaon district and petitioner Nos. 2 – 65 are the students of the aforementioned college. The petitioner No. 1 college had established the required infrastructure as per the norms of National Council for Teachers Education (NTCE) and thereafter, obtained affiliation of B.Ed. courses from the Gauhati University (GU) and having granted permission to start B.Ed. first year course on 25.06.2020, bearing No. GU/AFF/2020/2571-575, allowed to continue B.Ed. course for the first year, i.e. 2019 – 2020 and granted permission for the second year, i.e. 2020 – 2021, vide Letter No. E.C. Res.No.R/EC-07/2021/45(b)(13), dated 27.12.2021 and accordingly, the petitioner No. 1 started second year course and the students appeared in the examination and passed out successfully with distinction.

Thereafter, the respondent Nos. 1 & 2 had published a Notification, dated 03.01.2022, bearing Memo No. GU/AFF/B.Ed Colleges/3443, wherein the name of the petitioner college was reflected at Serial No. 39 of the list and thereafter, the petitioner college had submitted affiliation fees, amounting to Rs. 60,500/- for renewal.

Thereafter, on 14.08.2023, one inspection team of respondent Nos. 1 & 2, suddenly visited the petitioner college and though the petitioner college sought for half an hour time to organize the records to answer the queries and call all the Governing Body Members, who resides few kilometers away, yet, the team did not give any time and left the college campus after 15 minutes of inspection. Thereafter, the inspection team had furnished one report to the respondent Nos. 1 & 2, without giving any opportunity of being heard to the petitioner, to meet the queries. However, the petitioner college furnished the required information in writing to the respondent Nos. 1 & 2. But, the name of the petitioner college was deleted from the list of affiliation,

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