Page No.# 1/8 GAHC010268162025 2025:GAU-AS:16781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6944/2025 MISS LOVELY SARMA AND 7 ORS. DAUGHTER OF MUKUT SARMA, RESIDENT OF CHANDMARI, PIYALI PHUKAN NAGAR, GUWAHATI-781003, DISTRICT- KAMRUP (M), ASSAM 2: MD. WAHIDUR RAHMAN BORBHUYAN SON OF MOTIUR RAHMAN BORBHUYAN RESIDENT OF MUBARAK BASTI NILBAGAN HOJAI DISTRICT- HOJAI ASSAM. 3: MISS PUJA CHOWHAN DAUGHTER OF KANAI LAL CHOWHAN RESIDENT OF SIALMARI MAZGAON P.O. KOUPATI P.S. DALGAON DISTRICT- DARRANG ASSAM 4: MD. MEHERAZ HUSSAIN MONDAL SON OF IMDADUL HUSSAIN MONDAL RESIDENT OF MOYNABANDHA DISTRICT- SOUTH SALMARA (MANKACHAR) ASSAM 5: JAMINI PHUKAN DAUGHTER OF LATE SOMESWAR PHUKAN RESIDENT OF SARUPATHAR NO. 1 PADUMONI P.O. AND P.S. SARUPATHAR DISTRICT- GOLAGHAT ASSAM. Page No.# 2/8 6: MISS LAKHI SAHA DAUGHTER OF BIPROJIT SAHA RESIDENT OF SILAPATHAR P.O. AND P.S. SILAPATHAR DISTRICT-DHEMAJI ASSAM 7: SHYAM KUMAR SAH SON OF LAKSHMI SAH RESIDENT OF NONGPOH P.O. AND P.S. NONGPOH DISTRICT- RI-BHOI MEGHALAYA 8: MD. NUR ZAMAN AHMED SON OF OSMAN GANI AHMED RESIDENT OF CHAPAR P.O. AND P.S. CHAPAR DISTRICT-DHUBRI ASSA VERSUS THE GAUHATI UNIVERSITY AND 5 ORS. REPRESENTED BY THE VICE-CHANCELLOR, GAUHATI UNIVERSITY, GOPINATH BORDOLOI NAGAR, GUWAHATI-781014 2:THE VICE CHANCELLOR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014. 3:THE REGISTRAR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014. 4:THE CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014 5:B.R.M. GOVERNMENT LAW COLLEGE PANJABARI GUWAHATI- 781037 REPRESENTED BY ITS PRINCIPAL Page No.# 3/8 6:THE PRINCIPAL B.R.M. GOVERNMENT LAW COLLEGE PANJABARI GUWAHATI-78103 Advocate for the Petitioner : MR. R SARMA, D GOGOI Advocate for the Respondent : SC, G U, Linked Case : WP(C)/6945/2025 MISS ANJALI DAS AND 4 ORS DAUGHTER OF LATE RAJ KISHORE DAS RESIDENT OF BHETAPARA CHARIALI P.O. BELTOLA P.S. BASISTHA DISTRICT-KAMRUP(M) ASSAM 2: MISS NIKITA MAJUMDER DAUGHTER OF NIMAI MAJUMDER RESIDENT OF LANKA P.O. AND P.S. LANKA DISTRICT- HOJAI ASSAM. 3: MISS NIKITA KAKATI DAUGHTER OF KARUNA KAKATI RESIDENT OF KACHARI SOLMARI RANGIA DISTRICT-KAMRUP(R) ASSAM. 4: MISS SARI L NAMPUI DAUGHTER OF KHUPA NAMPUI RESIDENT OF HAFLONG P.O. AND P.S. HAFLONG DISTRICT-DIMA HASSAO ASSAM 5: MISS PRIYA CHAUHAN DAUGHTER OF DIPLAL CHOUHAN RESIDENT OF LANKA P.O. AND P.S. LANKA DISTRICT- HOJAI ASSAM. Page No.# 4/8 VERSUS THE GAUHATI UNIVERSITY AND 5 ORS REPRESENTED BY THE VICE-CHANCELLOR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014. 2:THE VICE CHANCELLOR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014 3:THE REGISTRAR GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014 4:THE CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI-781014. 5:B.R.M GOVERNMENT LAW COLLEGE PANJABARI GUWAHATI- 781037 REPRESENTED BY ITS PRINCIPAL. 6:THE PRINCIPAL B.R.M. GOVERNMENT LAW COLLEGE PANJABARI GUWAHATI-781037 ------------ Advocate for : MR. R SARMA Advocate for : SC G U appearing for THE GAUHATI UNIVERSITY AND 5 ORS BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 05.12.2025 Heard Mr. R. Sarma, learned counsel for the petitioners. Also heard Mr. P.J. Page No.# 5/8 Phukan, learned standing counsel for the respondents in Gauhati University; and Mr. K. Gogoi, learned standing counsel for the respondents in BRM Government Law College. 2. The petitioners in WP(C) No. 6944/2025 are aggrieved for non-inclusion of their names in the list dated 18.11.2025, mentioning the roll numbers of students in semester wise basis, who are allowed to fill up examination form; and the petitioners in WP(C) No. 6945/2025, are aggrieved for non-inclusion of their names in the list dated 17.11.2025, mentioning the roll numbers of students in semester wise basis, who are allowed to fill up examination form. 3. Mr. Sarma, learned counsel for the petitioners submits that the petitioners in WP(C) No. 6944/2025, are 9th Semester BA LLB students and the petitioners in WP(C) No. 6945/2025, are 3rd Semester LL.B. students of BRM Government Law College, Panjabari, Guwahati and the said semesters have started in July, 2025 and will end in December, 2025. Mr. Sarma also submits that the respondents in Gauhati University had notified the date of filling up of examination form through SAMARTH e-Gov portal and the petitioners while attempting to fill up their examination form, the respondents in BRM Government Law College had issued two lists of students on 17.11.2025 and 18.11.2025, who were allowed to fill up examination form in semester wise basis, but the name of the petitioners were not included in the said list and no satisfactory answer could be given by the college authorities. Mr. Sarma further submits that the respondent authorities have not disclosed the basic criteria for preparing the lists dated 17.11.2025 and 18.11.2025, in spite of repeated request made by the petitioners without disclosing the attendance sheet of the entire 3rd semester and 9th semester session, and that the 3rd Semester LL.B. Page No.# 6/8 Examination, 2025 and 9th Semester B.A. LL.B. Examination, 2025 are scheduled to be held from 06.12.2025 and 09.12.2025 respectively, and due to illegal and arbitrary action of the respondent authorities, the petitioners will be deprived from appearing in 3rd Semester LL.B. Examination, 2025 and 9th Semester B.A. LL.B. Examination, 2025 and they will lose one valuable year of their life. 3.1. Mr. Sarma submits that on 19.11.2025, one application was filed by some of the members of the students union of the college for allowing the students to appear in the examination, but the same is yet to be disposed of, and under such circumstances, Mr. Sarma has contended to allow the petitioners to appear in the examination, subject, however, to the outcome of the present petitions. 4. Mr. Gogoi, learned standing counsel for the respondents in BRM Government Law College was directed to produce the percentage of attendance of the petitioners and accordingly, Mr. Gogoi has produced one letter dated 05.12.2025, of the Principal, BRM Government Law College, Guwahati, and on the basis of the same, Mr. Gogoi submits that attendance of petitioners in WP(C) No. 6944/2025, i.e. petitioner No. 1, Miss Lovely Sarma is 52%; petitioner No. 2, Md. Wahidur Rahman is 58%; petitioner No. 3, Miss. Puja Chowhan is 66%; petitioner No. 4, Md. Meheraz Hussain Mondal is 66%; petitioner No. 5, Jamini Phukan is 68%; petitioner No. 6, Miss Lakhi Saha is 64%; petitioner No. 7, Sri Shyam Kumar Sah is 68% and petitioner No. 8, Md. Nur Zaman Ahmed is 64%. Also, the attendance of the petitioners in WP(C) No. 6945/2025, i.e. petitioner No. 1, Miss Anjali Das is 47%; petitioner No. 2, Miss. Nikita Majumder is 48%; petitioner No. 3, Miss Nikita Kakati is 47%; petitioner No. 4, Miss. Sari L Nampui is 33% and petitioner No. 5, Miss Priya Chauhan is 48%. Page No.# 7/8 4.1. Further, by referring to Rule 12 of the Bar Council of India Rules, as amended in 2021 (‘Rules of 2021’, for short), Mr. Gogoi submits that- “no student of any of the degree program shall be allowed to take the end semester test in a subject if the student concerned has not attended minimum 70% of the classes held in the subject concerned as also the moot court room exercises, tutorials and practical training conducted in the subject taken together: Provided that if a student for any exceptional reasons fail to attend 70% of the classes held in any subject, the Dean of the University or the Principal of the Centre of Legal Education, as the case may be, may allow the student to take the test if the student concerned attended at least 65% of the classes held in the subject concerned and attended 70% of classes in all the subjects taken together. The similar power shall rest with the Vice Chancellor or Director of a National Law University, or his authorized representative in the absence of the Dean of Law.” 4.2. Mr. Gogoi submits that since the present petitioners have failed to achieve the required benchmark of minimum attendance, they should not be allowed to appear in the examination. However, Mr. Gogoi submits that he has no objection in the event of disposing of the petitions by directing the respondent authorities to dispose of the representation dated 19.11.2025, filed by the Students Union of BRM Government Law College, Guwahati, addressed to the Principal, BRM Government Law College, Guwahati. 5. Accordingly, taking note of the submissions of learned counsel for both the parties, and also taking note of the relevant Rules, and also the representation dated 19.11.2025, and as agreed upon, this Court is inclined to dispose of this Page No.# 8/8 petition by directing the respondent No. 6 to dispose of the representation dated 19.11.2025, filed by the Students Union of BRM Government Law College, Guwahati for allowing the students to appear in final semester examination test, by passing a reasoned order keeping in mind the requirement of Rule 12 and also the first proviso to the said Rule of the Rules of 2021. 6. In terms of above, these writ petitions stand disposed of. JUDGE Comparing Assistant