Page No.# 1/6 GAHC010166442024 2025:GAU-AS:182 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4247/2024 ANURAG GODUKA S/O- MAHESH GODUKA, R/O- SONARI TOWN, P.O AND P.S- SONARI, DIST- CHARAIDEO, ASSAM, PIN-785690 VERSUS THE GAUHATI UNIVERSITY AND 3 ORS REP. BY THE REGISTRAR, GAUHATI UNIVERSITY, JALUKBARI, P.O AND P.S- JALUKBARI, DIST- KAMRUP (M), ASSAM, PIN-781014 2:THE CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY JALUKBARI P.O AND P.S- JALUKBARI DIST- KAMRUP (M) ASSAM PIN-781014 3:THE PRINCIPAL UNIVERSITY LAW COLLEGE GAUHATI UNIVERSITY JALUKBARI P.O AND P.S- JALUKBARI DIST- KAMRUP (M) ASSAM PIN-781014 Page No.# 2/6 4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GHY-6 ASSAM Advocate for the Petitioner : MR H RAHMAN, RUBI GOGOI,MR. B J GHOSH Advocate for the Respondent : SC, G U, SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 07.01.2025 Heard Mr. B. J. Ghosh, learned counsel for the petitioner. Also heard Mr. P. J. Phukan, learned Standing Counsel, Gauhati University for the respondent Nos. 1, 2 & 3 and Mr. S. Bhuyan, learned Standing Counsel, Higher Education Department for the respondent No. 4. The petitioner is a student of the University Law College, Gauhati University under Registration No. 1800682, Roll No. UL-221-289-0090 and he is presently appearing in the 5th semester examination of Bachelor of Law (LL.B) 3 years course. While the petitioner was in his 2nd semester, he was diagnosed with Infective Hepatitis with Jaundice and Gastro Enteritis. Accordingly, the doctor under whom the petitioner was taking treatment advised him for complete rest from the last week of March, 2023 till the end of May, 2023. Therefore, the Page No.# 3/6 petitioner could not attend his classes for the said period and as a result he could not appear in his Sessional Examination of 2nd semester in 2 papers namely, 1. Land Law of Assam and 2. Special Contract, which were held on 29.03.2023 and 03.05.2023, respectively. After recovery from his illness, the petitioner was issued a Medical Certificate by the concerned doctor on 30.05.2023 which also indicates that the petitioner was under the treatment of the said doctor from 27.03.2023 to 30.05.2023. Thereafter, the petitioner made a representation before the Principal of the University Law College, Gauhati University/respondent No. 3 on 21.03.2024 with a request to permit the petitioner to appear in the subjects of the 2nd Semester Sessional Examination along with 4th Semester Sessional Examination. The petitioner also made a representation on 21.03.2024 before the Registrar/Controller of Examinations, Gauhati University, requesting to permit him to appear in the subjects of the 2nd Semester Sessional Examination along with 4th Semester Sessional Examination. The father of the petitioner also made a representation on 04.04.2024 before the Registrar, Gauhati University with a request to permit his son/petitioner to appear in the 2nd Semester Sessional Examination along with 4th Semester Sessional Examination. However, as the petitioner was not permitted to appear for the 2 (two) subjects of his 2nd Semester Sessional Examination, the petitioner has approached this Court by way of the present writ petition. Mr. B. J. Ghosh, learned counsel for the petitioner drawing the attention of this Court to the Regulation and Syllabus of the Three Year Law Degree Course in Semester System with Choice Based Credit and Grading System leading to the award of LL.B. / LL.B. (Honours.) degree submits that Regulation 26.5 of Part- E provides that if a student misses any of the sessional examination for valid Page No.# 4/6 reasons, as evidenced by Medical Certificate or other authentic documents, the teachers concerned may allow the student a separate examination using the teachers’ own discretion. He accordingly submits that as the petitioner was seriously ill and after his recovery the petitioner made his representation along with all medical testimonials the authorities in the Gauhati University should have permitted the petitioner to appear in the 2 (two) subjects of the 2nd Semester Sessional Examination, inasmuch as the petitioner could not appear in the 2 subjects of 2nd Semester Sessional Examination due to reasons beyond the control of the petitioner. Mr. P. J. Phukan, learned Standing Counsel, Gauhati University on the other hand submits that the 1st sessional examination of the University Law College under the Gauhati University for the Session 2022-23 was held from the 28.03.2023 till 31.03.2023. The 2nd sessional examination was held from 02.05.2023 till 08.05.2023 and the Seminar and Viva-Voce course examination were held from 15.05.2023 till 22.05.2023. He, further submits that after holding of the 2 (two) sessional examination a retest of the said examinations was also held for the students who could not appear in the scheduled dates for genuine reasons from 23 to 24 May, 2023, after due consultation with the subject teachers. However, the petitioner did not appear in any of these examinations and as he has also approached the authorities after a lapse of about 1 (one) year, the authorities in the Gauhati University are unable to permit the petitioner to appear for the 2 (two) subjects of the petitioner’s 2nd Semester Sessional Examination. This Court has considered the submissions made by the learned counsels for the parties. Page No.# 5/6 A consideration of regulation 26.5 indicates that if a students misses any of the sessional examination for valid reasons which is supported by Medical Certificates the teachers concerned may allow the student a separate examination using the teachers’ own discretion. In the present case in hand the petitioner was seriously ill with Infective Hepatitis with Jaundice and Gastro Enteritis. This is supported by Medical Certificate issued by the concerned doctor on 30.05.2023, under whom the petitioner was receiving treatment. The career of a student cannot be merely jeopardized for not being able to appear in the 2nd Semester Sessional Examination due to serious sickness that the petitioner was suffering at that relevant time. In that view of the matter this Court of the considered opinion that the authorities in the Gauhati University should approach the case of the petitioner with a humane touch and permit the petitioner to appear in the 2 (two) subjects for the 2nd Semester Sessional Examinations. Accordingly, this writ petition is disposed of directing the petitioner to make a representation before the Controller of Examination, Gauhati University along with all the Medical Certificates and documents through the Principal of the University Law College, Gauhati University within a period of 1 (one) week from today. Thereafter, the Principal of the University Law College, Gauhati University, shall forward the representation of the petitioner to the Controller of Examinations, Gauhati University within a period of one week thereafter. While forwarding the representation made by the petitioner, the Principal of the University Law College, Gauhati University shall also send a report along with the representation made by the petitioner. The Controller of Examinations, Gauhati University on receipt of the representation of the petitioner as well as Page No.# 6/6 the report of the Principal of the University Law College, Gauhati University shall pass appropriate orders in accordance with law within a period of 3 (three) weeks from the date of receipt of the representation. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant