Page No.# 1/4 GAHC010271942025 2025:GAU-AS:16780 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6972/2025 ANISH AHMED BORBHUYAN S/O- SAMIM AHMED BORBHUYAN, VILL.- GANDHIBASTI, SABON FACTORY, P.O. ULUBARI, P.S. PALTANBAZAR, DIST. KAMRUP METRO, GUWAHATI, ASSAM, PIN- 781003. 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. GOVT. LAW COLLEGE PUNJABARI GUWAHATI-37 REPRESENTED BY THE PRINCIPAL. 6:THE PRINCIPAL Page No.# 2/4 B.R.M. GOVT. LAW COLLEGE PUNJABARI GUWAHATI-37 Advocate for the Petitioner : MR. S B LASKAR, MR. H A LASKAR,A. H. AHMED,MR J U AHMED Advocate for the Respondent : SC, G U, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 05.12.2025 Heard Mr. S.B. Laskar, learned counsel for the petitioner. Also heard Mr. P.J. 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. This petition, under Article 226 of the Constitution of India, is preferred by the petitioner for allowing him to appear in the 1st Semester LL.B. Examination, 2025 of BRM Government Law College. 3. Mr. Laskar, learned counsel for the petitioner submits that the petitioner is a student of LL.B. 1st Semester of BRM Government Law College and he paid all institutional fees, submitted his examination form online and received acknowledgment from Gauhati University, confirming acceptance of his candidature. Mr. Laskar also submits that the University has already issued the examination programme fixing the LL.B. 1st Semester Examination w.e.f. 08.12.2025, but the petitioner’s roll number has been omitted from the list of students permitted to fill up the examination form, published by the college without notice or reasons and this omission has created a reasonable Page No.# 3/4 apprehension that he may be prevented from appearing in the forthcoming examination. Under such circumstances, Mr. Laskar submits that the petitioner may be allowed to appear in the LL.B. 1st Semester Examination, 2025. 4. It is to be noted here that during the course of hearing, Mr. Gogoi, learned standing counsel for the respondents in BRM Government Law College was directed to obtain necessary instruction in respect of percentage of attendance of the petitioner and the reason for omission of the name of the petitioner from the list of the candidates, who were allowed to appear in the examination. 5. Mr. Gogoi, learned standing counsel for the respondents in BRM Government Law College, on instruction, has apprised this Court that the attendance of the petitioner in the classes is only 13% and it is contrary to Rule 12 of the Bar Council of India Rules, as amended in 2021 (‘Rules of 2021’, for short). Under such circumstances, Mr. Gogoi has contended to dismiss the petition. 5.1. Mr. Gogoi has also produced one order of a Co-ordinate Bench of this Court, dated 02.09.2021, in WP(C) No. 4269/2019, and submits that in the said case, the percentage of attendance of the petitioner was below the prescribed norms of 75%, as provided in Rule 12 of the Rules of 2021, and therefore, the said petition was dismissed. 6. Mr. Phukan, learned standing counsel for the respondents in Gauhati University submits that the respondent University also follows the Rules of 2021, in respect of percentage of attendance of the students for allowing them to appear in the semester examination. 7. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed on record, Page No.# 4/4 and also gone through the relevant Rule and the order dated 02.09.2021, in WP(C) No. 4269/2019. 8. A perusal of Rule 12 of the Rules of 2021 indicates that the minimum percentage required for appearing in a semester examination is 75%, and as per proviso to the said Rule, 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. 9. In the case in hand, the percentage of attendance of the petitioner is only 13%, which is far less than the prescribed benchmark, as provided in Rule 12 of the Rules of 2021. 10. In that view of the matter, this Court finds no merit in this petition and accordingly, the same stands dismissed. JUDGE Comparing Assistant