ORDER

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 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 proceeding. It was also conveyed that continuance of the disciplinary proceeding and allowing the petitioner to appear for his viva voce for the purpose of the petitioner's PhD degree are two different aspects which needs to be dealt differently.

7. By the said letter, it was directed that viva voce of the petitioner should be conducted immediately. After the said letter dated 15.12.2025, however, the petitioner further states that the Registrar of Gauhati University, forwarded an email dated 06.03.2026 to various authorities against the request of the petitioner for holding his viva voce test by stating inter alia that, after receiving the reply of the petitioner against the Show Cause Notice, the matter was placed in the