Assam: Court dismisses case under UA(P)A against student
Gauhati High Court

Guwahati: The Gauhati High Court has set aside a notice issued by a government law college here declaring two students ‘non-collegiate’ after a delay in payment of admission fee by just a day, and permitted the students to appear for the third year LLB fifth semester exams.

According to the petitioners, Kalyan Buragohain and Robiul Hussain, who are the students of the three-year LL.B. course at Bishnu Ram Medhi (BRM) Government Law College, Panjabari, affiliated to Gauhati University, they had deposited the admission fee on October 31, 2022 (Monday) whereas the last date to deposit the same after the extension was October 29, 2022 (Saturday).

The principal of the college had, vide a notice dated December 22, 2022 had categorised the petitioners as ‘non-collegiate’.

Thereafter, by an impugned order (dated December 28, 2022), the petitioners were not allowed to fill the examination forms for the end semester examination.

Subsequently, the counsel for the petitioners argued that the impugned order was arbitrary and illegal and submitted that the petitioners submitted a representation before the principal to accept their admission for the session 2022-23 which the college authorities did not consider.

On the other hand, the standing counsel for the state higher education department contended that the petitioners had not submitted any application requesting the authorities concerned to grant some more time enabling them to deposit their admission fee for the session 2022-23.

He submitted that had any such application been received by the college authorities, it would have been considered.

However, the high court observed that there was only one day delay in the depositing the admission fee by the students “which cannot be considered as deliberate.”

“The court is also aware of the fact that for not depositing their admission fee for the session 2022-23 by October 29, 2022, on the notified last date of depositing such fee, the respondent college authority made the petitioners non-collegiate without considering the delay of one day, and that the college authority barred them from filling up their examination forms for their ensuing third year LL.B end semester examination, 2022, for which the petitioners are going to lose their valuable academic year,” it said.

The court also highlighted that the college issued the impugned notice after 54 days (from October 29, 2022) notifying that the petitioners did not take admission in the three-year LL.B fifth semester course for the session 2022-23.

“We have seen that the authorities of the respondent college have not returned the admission fee received from the petitioners to them, either depositing the said amount to their respective bank accounts or returning the said amount by cash or cheque to them, till date,” the court said.

The court, considering the entire aspects, accordingly condoned the delay of one day with regard to depositing of the admission fee for the session 2022-23 and set aside the impugned notice.

“Consequently, categorising the petitioners as non-collegiate for not depositing admission fee by October 29, 2022 towards their admission for the session 2022-23 in the college is also set aside and quashed,” it said and asked the respondent authorities to allow the petitioners to take up the fifth semester exam.

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