GAHC010259232022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3746/2022 in WP(C) 7881/2022 GALAB DEKA S/O. DR. HIRANYA KUMAR DEKA, VILL. BELSOR, P.O. AND P.S. BELSOR, DIST. NALBARI, ASSAM, PIN-781304.
VERSUS THE DIBRUGARH UNIVERSITY AND 3 ORS REPRESENTED BY THE REGISTRAR, DIBRUGARH, ASSAM, PIN-786004.
2:THE VICE CHANCELLOR DIBRUGARH UNIVERSITY DIBRUGARH ASSAM PIN-786004.
3:THE REGISTRAR DIBRUGARH UNIVERSITY DIBRUGARH ASSAM PIN-786004.
4:THE ANTI RAGGING COMMITTEE REP. BY ITS CHAIRMAN DIBRUGARH UNIVERSITY ASSAM PIN-786004 Advocate for the Petitioner : MR. M K CHOUDHURY Advocate for the Respondent : SC, DIB. UNIVERSITY BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
['M K CHOUDHURY', '', 'M DAS', 'M BISWAS', 'SC', 'DIB UNIVERSITY']
ORDER
20-12-2022 Heard Mr. M. Biswas, learned counsel for the applicant/writ petitioner and Mr. R.
Mazumdar, learned Standing counsel, Dibrugarh University for all the opposite parties/respondent Nos. 1 to 4.
The petitioner is a student of Master Degree in Life Sciences (Zoology) in Dibrugarh University, Dibrugarh pursuing his 3rd Semester in the said subject and is also a boarder of Padmanath Gohain Baruah Chatra Nivas, a boys hostel of said University within its campus.
Pursuant to the recommendation of the Anti Ragging Committee (ARC) of said University in its meeting held on 18.11.2022 and adjourned meeting held on 21.11.2022 and considering the provisions of Clause 7B(vi) of the “Dibrugarh University Regulation for Prohibiting Ragging and Anti Ragging Measures” as amended, the Registrar of Dibrugarh University by order under No. DU/SWS/H Ragging/2008(Part)/11095 dated 28.11.2022 served notice of “Expulsion from the hostel’ with immediate effect to 18 (eighteen) numbers of its students who are the boarders of said PNGBCN, including the petitioner, finding their involvement in several cases of ragging under Clause 6 of said Regulations of Ragging and Anti Ragging Measures of Dibrugarh University at PNGBCN directing the Head/Chairperson/Warden of the concerned Department/Centre/Hostel to ensure the execution of the order and also to report about its compliance (Annexure-4 to the petition).
Further, in pursuance of the recommendation of the ARC of the said University in its meeting held on 30.11.2022 and after establishment of guilt and in consideration of the recommendation of the Anti-Ragging Squad (ARS) of said University, the Registrar of Dibrugarh University, Dibrugarh by order No. DU/RG/ B.01.11/2022/5501 dated 30.11.2022 as per the Clause 7(B)(IX) of said Regulations of Ragging and Anti Ragging Measures of Dibrugarh University imposed punishment upon the petitioner expelling him from Dibrugarh University, debarring him from admission to any other institutions for three years with immediate effect, directing Head/Warden of the concerned Department/Hostel to execute the said order and also to report about its compliance (Annexure-5 to the petition).
Being aggrieved with the said orders dated 28.11.2022 and 30.11.2022 issued by the Registrar of Dibrugarh University, the petitioner has preferred the connected writ petition being WP(C) No. 7881/2022, which is presently pending for adjudication.
Though the petitioner has been imposed with the punishment of expulsion from Dibrugarh University, debarring him from admission to any other institutions for three years with immediate effect, considering the fact that the petitioner has already deposited the relevant fee for the 3rd Semester Examination in Life Sciences (Zoology) of said Dibrugarh University, the Court by order dated 07.12.2022 passed in said WP(C) No. 7881/2022 directed the respondent University to make necessary arrangement enabling the petitioner to appear in his 3rd Semester Master Degree in Life Sciences (Zoology) Examination on the relevant dates that is scheduled from 10.12.2022 to 21.12.2022 in the office of the Deputy Commissioner, Dibrugarh on the relevant dates of examination which was to be conducted under proper police protection.
The Court in the said order dated 07.12.2022, however observed that the respondent University shall not declare the result of the 3rd semester examination of Master degree in Life Sciences (Zoology) of Dibrugarh University of the petitioner until further order of the Court and that such result of the petitioner pertaining to his ensuing 3rd semester examination in Life Sciences (Zoology) of said Dibrugarh University was made subject to the outcome of said writ petition.
By filing this application, the petitioner has submitted that on 28.11.2022 the respondent Dibrugarh University issued a Notification specifying the programme for the M.Sc. 1st and 3rd Semester (CBCS) Practical End Semester Examination, 2022 that is going to commence f