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GAHC010052142026

2026:GAU-AS:6839

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1557/2026

SHRI BISHAL PATOWARY

S/O HIRANYA KUMAR PATOWARY, R/O TETELIA, P.O. MALIGAON

RAILWAY, HQ, PS- JALUKBARI, GUWAHATI, DIST. KAMRUP M, ASSAMPIN-

781011-

VERSUS

THE GAUHATI UNIVERSITY AND 2 ORS

REPRESENTED BY THE REGISTRAR, JALUKBARI, P.O-GUWAHATI-14,

DISTRICT- KAMRUP, ASSAM.

2:THE REGISTRAR

GAUHATI UNIVERSITY

JALUKBARI

P.O- GUWAHATI-14

ASSAM

DISTRICT- KAMRUP

3:ADDITIONAL SECRETARY

TO THE GOVT. OF ASSAM

GOVERNOR'S SECRETARIAT

LOK BHAWAN

GUWAHATI

PIN-78100

Advocate for the Petitioner : DR G J SHARMA, MS. K BHATTACHARYYA

Advocate for the Respondent : GA, ASSAM, SC, G U

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BEFORE

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

18.05.2026

Date :

Hear Mr. G. J. Sharma, the learned counsel for the petitioner, Also heard Mr.

P. J. Phukan, the learned Standing Counsel for the Gauhati University.

2. In view of the facts and circumstances of the present case, this matter is

disposed of at the motion stage itself. By way of this application filed under

Articles 226 and 227 of the Constitution of India, the petitioner has prayed for

issuance of a writ in the nature of mandamus directing the respondents to

conduct the viva voce examination of the petitioner and to complete the entire

process of evaluation of his Ph.D. thesis within the time frame prescribed under

the University Grants Commission (Minimum Standards and Procedures for

Award of Ph.D. Degree) Regulations, 2022.

3. The case of the petitioner is that, the petitioner is a research scholar

pursuing his PhD at Gauhati University, 2020-2021 batch. Being admitted in

January 2021, the petitioner states that his PhD final registration was done on

18.04.2024 w.e.f 28.01.2021. Thereafter, the petitioner was directed to submit

his thesis after completion of 3 years of research work, but not later than 5

years. The petitioner states that he submitted his thesis on 13.02.2025 and it is

also stated that evaluation was also done in respect of the said thesis, pursuant

to which the only step that should be taken was the viva voce test for

completion of his PhD and award of degree. The Learned Counsel for the

petitioner, however, submits that till date, no viva voce test was conducted with

regard to the petitioner. The petitioner, however, received a Show Cause Notice

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from the Registrar of Gauhati University, by which it was stated that consequent

upon submission of recommendations by the Internal Complaint Committee,

Gauhati University, regarding a written complaint received, a Show Cause Notice

was issued to the petitioner directing him to file his reply within 10 days under

Rule 8(6) of the UGC (Prevention, Prohibition and Redressal of Sexual

Harassment of Women Employees and Students in Higher Educational

Institutions) Regulations, 2015.

4. In pursuant to the said show cause notice, the petitioner had filed his reply

on 22.10.2025. Thereafter, the matter was placed in a meeting of the Executive

Council dated 11.11.2025 and the Executive Council had resolved that the

council after a detailed discussion by considering the report of allegations

against the petitioner, as well as the legal opinion by the standing counsel,

resolved that an FIR be lodged against the petitioner for a case of groping, and

that, thereafter, the FIR was lodged.

5. The petitioner also submits that he filed an appeal before the authority

concerned but the same is yet to be disposed of for reasons best known to the

appellate authority.

6. The petitioner, thereafter, states that on his representation being

submitted before the Hon’ble Chancellor, the Additional Secretary to the

Government of Assam, Governor's Secretariat, Lok Bhavan, by a communication

to the Registrar of Gauhati University, the opinion of the Hon’ble Governor cum

Chancellor of Gauhati University was conveyed to the effect that conduction of

viva voce of the petitioner can't be withheld on the pretext of some disciplinary

proc