ORDER

Date : 13-08-2021 Heard Mr. I. Hussain, learned counsel for the petitioner. Also heard Mr.

A.R. Tahibildar, learned counsel for the respondent No.1 being the authorities under the Higher Education Department of the Govt. of Assam, Mr. P. Phukan, learned counsel for the respondent Nos., 2, 3 and 4 being the authorities under the Gauhati University.

2. By our earlier order dated 16.07.2021, we require the service of dasti notice on the respondent No.5 being the authorities under the J.B Law College, Guwahati.

3. By the order dated 20.07.2021, it had been recorded that the dasti service effected on the respondent No.5. On 20.07.2021, we have noted that in spite of such service, none appeared for the respondent No.5. Today again when the matter is taken, none appears for the respondent No.5.

4. In the circumstance, we propose to give a final consideration to the writ petition in the absence of the respondent No.5.

5. The petitioner is a student of LLM course in the J.B. Law College Guwahati under the Gauhati University bearing Roll No.801/2018, Gauhati University Registration No.008036 of 2006-07. The petitioner took admission for the LLM course in the year 2018 and scheduled to appear in the arrear paper being Paper Code No.2001 in the forthcoming LLB 2nd semester examination. It is stated that the last date of submission of application form for appearing in the examination was fixed on 12.04.2021. The petitioner takes a stand that due to the prevailing Covid-19 pandemic situation, he could not submit his form prior to the last of date of 12.04.2021. Consequently, the respondent in the Gauhati Univeristy are not agreeable to allow him to file application at belated stage.

6. Being aggrieved, this petition is instituted. The petitioner refers to the order dated 02.06.2021 of this Court in WP(C) 2986/2021 wherein, there was a direction to the respondent authorities to allow the petitioner therein to appear nd in the LLM 2 semester examination that was supposed to have commenced from 04.06.2021. It is the claim of the petitioner that he is also similarly placed as the petitioner in WP(C) 2986/2021 and therefore, similar order may be passed in his favour.

7. A statement is made that although in the earlier order the date of examinations was recorded as 04.06.2021 but till date the examinations are not being held and has been deferred. The last date of submission of examination form for a given examination is fixed for the purpose of streamlining the submission of application form so that the submission of application does not become a never ending process and the applications are duly received at an appropriate time prior to the commencing of the examination.

8. In the instant case admittedly the petitioner was prevented from submitting the application due to the prevailing Covid-19 situation.

9. Considering the aspect and also taking note of the earlier order dated

02.06.2021 in WP(C) 2986/2021, we direct the respondent authorities to accept nd the application form of the petitioner for his 2 semester examination. In doing so, the college authorities being the J.B. Law College and the authorities under the Gauhati University shall do the needful so that the application form of the petitioner is accepted for allowing the petitioner to sit in the examination concerned.

10. The petitioner is required to submit such application forthwith and under no condition subsequent to 18.8.2021.

Writ petition stands allowed in the above terms.

JUDGE Comparing Assistant