GAHC010277092025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7161/2025

DR BHUPESH MALLA BUZAR BARUAH

SON OF LATE H.M. BUZARBARUAH, A RESIDENT OF KAMAKHYA

COLONY PANDU, GUWAHATI, KAMRUP (M), PIN- 781012

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE

GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR,

GUWAHATI- 781006

2:THE COMMISSIONER AND SECRETARY

GOVERNMENT OF ASSAM

HIGHER EDUCATION DEPARTMENT

DISPUR

GUWAHATI- 781006 3:THE SECRETARY

GOVERNMENT OF ASSAM

HIGHER EDUCATION DEPARTMENT DISPUR

GUWAHATI- 781006

4:THE DIRECTOR

HIGHER EDUCATION

ASSAM

KAHILIPARA

GUWAHATI- 78101

Advocate for the Petitioner : MR. S SARMA, K M KALITA,Y A SARKAR,MR. S K DEKA,MR.

J DEKA

Advocate for the Respondent : GA, ASSAM, SC, HIGHER EDU

BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

ORDER

19.12 .2025 Date :

Heard Mr. S. Sarma, learned Senior Counsel, assisted by Mr. J. Deka, learned counsel for the petitioner. Also heard Mr. S. Das, learned standing counsel for the respondents in Higher Education Department.

2. Extra ordinary jurisdiction of this Court is sought to be invoked by the petitioner, who has been serving as Principal of BRM Government Law College, Guwahati to quash and set aside order, issued by the Director Higher Education, (respondent No. 4) Assam, issued vide Memo No. DHE/PA/Misc/01/2025/250, dated 09.12.2025. It is to be noted here that vide impugned order, dated 09.12.2025, the petitioner has been placed under suspension with immediate effect, until further order.

3. The background facts, leading to filing of the present petition is briefly stated as under. That, the petitioner is serving as the Principal in B.R.M Govt. Law College. After issuance of the programme for 3 years LL.B. Examination, 2025; and 5 years B.A. LL.B. Examination, 2025 on 17.11.25, by the Controller of Examinations, Guwahati University, the petitioner vide Notice, dated 13.11.25, had asked the faculty members of the college to supervise and look after the examination form fill up process. Accordingly, on 17.11.25, the faculty members, after verification, had submitted the list of students with their Roll Numbers, who are eligible to fill up the examination form. On the basis of the said lists of eligible students, the petitioner had published the Roll Nos. of students of respective course and semester in the Notice Board on 17.11.25 and

18.11.25.

4. After the list being published, tremendous pressure was exerted upon the petitioner from the students, students association, and higher authorities to allow the students having more than 35% of attendance, which the petitioner had refused. Thereafter, on the applications, submitted by some of the students, the Controller of Examinations, Gauhati University has allowed two students to fill up their examination forms with certain conditions.

5. Some of the students and student association have also filed representation for allowing the students below the benchmark percentage of attendance to appear in the examination. And some of them had also approached this Court, by filing W.P. (C) No. 6944/2025 and W. P. (C) No. 6945/2025, to allow them to appear in the examination. Then, this Court vide order dated 05.12.2025, had disposed of W. P. (C) No. 6944/2025 and W.P. (C) No. 6945/2025, directing the petitioner herein to dispose of the representation dated 19.11.25, filed by the Students' Union, B.R.M. Govt. Law College, by passing a reasoned order, keeping in mind the requirement of Rule 12 and also the first Proviso to the said Rule, of the Rules of 2021. Accordingly, in compliance with the said Order dated 05.12.2025, the petitioner herein, had disposed of the said representation, dated 19.11.25, vide Order No. BRMGLC/Gen/2025/1091A, dated 06.12.25.

6. Thereafter, the Director of Higher Education, respondent No. 4, having not been he appointing authority of the petitioner, and without assigning any valid and cogent reason, has placed the petitioner