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2025 DAILYLAW 12116 (GAU)

ZABIAN FARHIN CHOUDHURY v. THE GAUHATI UNIVERSITY AND ORS

WP(C)/2488/2025 · 2025-05-07

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010098022025 2025:GAU-AS:5676 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2488/2025 ZABIAN FARHIN CHOUDHURY D/O DR ANWARUDDIN CHOUDHURY R/O HOUSE NO 1 ISLAMPUR ROAD OPP GATE NO 1 OF NEHRU STADIUM PO ULUBARI PS PALTAN BAZAR DIST KAMRUP METRO ASSAM PIN 781007 VERSUS THE GAUHATI UNIVERSITY AND ORS REP BY THE ITS VICE CHANCELLOP GOPINATH BORDOLOI NAGAR GAUHATI JALUKBARI GUWAHATYI 14 KAMRUP ASAM 2:THE CONTROLLER OF EXAMINATION GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GAUHATI JALUKBARI GUWAHATYI 14 KAMRUP ASAM 3:THE PRINCIPAL DISPUR LAW COLLEGE LAST GATE GUWAHATI 6 DIST KAMURP ASSAM 4:THE REGISTRAR ACTING CONTROLLER OF EXAMINATION GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GAUHATI JALUKBARI GUWAHATYI 14 KAMRUP ASA Advocate for the Petitioner : MS. S B CHOUDHURY, Advocate for the Respondent : SC, G U, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 08.05.2025 1. Heard Ms. S.B. Choudhury, learned counsel for the petitioner as well as Mr. P.J. Phukan, learned standing counsel, Gauhati University, for the respondent Nos. 1, 2 & 4. 2. It is the case of the petitioner that she took admission in Dispur Law College in the year 2017 for BALLB (five years integrated course), which is affiliated to the Gauhati University. The petitioner passed her 1st, 2nd, 3rd, 4th, 6th & 7th Semester Examinations and she has also appeared in her 10th Semester and the results are still awaited. 3. It is the case of the petitioner that she appeared in her 8th Semester in the year 2021 by Online Mode due to COVID Pandemic. However, she failed in two subjects namely in the Paper Code 8.2 & 8.3. It is also stated that the petitioner appeared for the Back Subject of Paper Code 8.2 & 8.3 in the year 2023 (Practical). The prayer of the writ petitioner in the writ petition is for a direction to the concerned authorities to permit the petitioner to appear for her Back Papers of the 8th Semester in respect of Paper Code 8.2 & 8.3. It is also submitted that the last date for submission of application is 10th of May, 2025. Learned counsel for the petitioner submits that the petitioner has also submitted a representation dated NIL before the Registrar, (Acting Controller of Examinations), Gauhati University. Thereafter, the same was followed up by another representation dated 05th of May, 2025 made before the Registrar, (Acting Controller of Examinations), Gauhati University requesting for grace Page No.# 3/4 marks or alternative options for 8th Semester Papers (Paper Code 8.2 & 8.3). 4. Learned counsel for the petitioner submits that the petitioner is eligible for appearing in Back Papers with regard to the Paper Code 8.2 & 8.3 in respect of the 8th Semester inasmuch as she appeared only three times apart from regular examination for the 8th Semester. Learned counsel for the petitioner also submits that after the petitioner had appeared as a regular candidate for 8th Semester in the year 2021, she had appeared for the Back Papers in respect of Paper Code 8.2 & 8.3 in the years 2022, 2023 & 2024. It is further submitted that in view of the COVID Pandemic situation, the chance for appearing in the Back Paper was extended to 4 (four) attempts, therefore, as the petitioner has made only 3 (three) attempts till date, she is still eligible for a last attempt in the year 2025. 5. Mr. P.J. Phukan, learned standing counsel, Gauhati University, however, submits that 4 (four) attempts include the regular examination which was held in the year 2021 and therefore, the petitioner has exhausted all the 4 (four) chances. 6. Considering that the representation dated 5th of May, 2025 is still pending before the Registrar, (Acting Controller of Examinations), Gauhati University/ Respondent No. 4, this writ petition is disposed of directing the Respondent No. 4 to consider the representation made by the petitioner on 05th of May, 2025 and dispose of the same in accordance with law on or before 14th of May, 2025. While considering the representation made by the petitioner, the respondent No. 4 shall also consider the permissible number of attempts the petitioner can be given with regard to her Back Paper for the Paper Code 8.2 & 8.3. Page No.# 4/4 As this Court has directed the Respondent No. 4 to consider the representation made by the petitioner on or before 14th of May, 2025, the last date for submission of Forms in respect of the petitioner, shall stand extended up to 16th of May, 2025. 7. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant