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2026 DAILYLAW 13952 (GAU)

UTKARSH GUPTA v. INDIAN INSTITUTE OF TECHNOLOGY AND 2 ORS.

WP(C)/3757/2026 · 2026-09-06

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/6 GAHC010145132026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3757/2026 UTKARSH GUPTA SON OF RAJESH KUMAR GUPTA, CURRENT RESIDENT OF HOSTEL MANAS, IIT GUWAHATI, DISTRICT KAMRUP METROPOLITAN, ASSAM, AND PERMANENT RESIDENT OF- 36 KUNDAN NAGAR, BEHIND A.G. OFFICE, CITY CENTRE, GWALIOR, M.P.- 474220 VERSUS INDIAN INSTITUTE OF TECHNOLOGY AND 2 ORS. GUWAHATI, REPRESENTED THROUGH ITS DIRECTOR, GUWAHATI - 781037, ASSAM. 2:PROFESSOR PERUMAL ALAGARSAMY DEAN OF STUDENT AFFAIRS AND CHAIRPERSON OF ANTIRAGGING COMMITTEE IIT GUWAHATI DISTRICT KAMRUP METROPOLITAN ASSAM. 3:HEAD OF SECTION STUDENT AFFAIRS IIT GUWAHATI GUWAHATI -781037 ASSAM Advocate for the Petitioner : BOKALI KASHO, MS. KEKHRIENGUNUO CATHERINE Advocate for the Respondent : SC, IIT, Page No.# 2/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.09 .2026 Heard Mr. A. Lall, learned counsel for the petitioner. Also heard Mr. R.P. Kakati, learned Senior Counsel assisted by Mr. A.B. Dey, learned counsel for the petitioner. 2] The petitioner is aggrieved by the punishment imposed by the IIT, Guwahati authority suspending him from classes in terms of the Regulation 9.1(b) whereby, the petitioner was suspended from attending the classes and academic privileges with immediate effect for July-November 2026 semester, including access to other related instructional facilities. 3] The learned counsel for the petitioner submits that the impugned suspension will adversely affect the petitioner’s career and academic future as he would be unable to attend classes for the 7th semester and appear in the ensuing semester examinations and thereafter avail the placement services which is likely to be initiated by the college authorities upon completion of the 7th semester. Page No.# 3/6 It is submitted by the learned counsel for the petitioner that from 13.09.2026 the mid terms semester examination will be held, which the petitioner seeks to participate, therefore, he prays for alteration of the punishment imposed upon him by the IIT, Guwahati suspending him from attending classes and from academic privileges, to a punishment of imposition of fine. 4] Per contra, Mr. R.P. Kakati, learned Senior Counsel appearing for the IIT, Guwahati on the other hand submits that the UGC Regulation on Curbing The Menace of Ragging in Higher Educational Institution, 2009 is binding on the IIT, Guwahati Authorities as these are issued by the UGC by way of gazette notification. In terms of the Regulation 9.1(b) the punishment required to be imposed by the Anti-Ragging Committee on those students, who found to be guilty on the nature and gravity of offence(s) which specifically mentioned therein. He submits that suspension from attending classes and academic privileges is the first punishment that may impose by the authorities and there are other severe punishments mentioned under Regulation 9.1(b). The claim of the petitioner to alter the punishment of suspension from attending classes and academic privileges ought not to be allowed considering the severity of the allegations made against him. Page No.# 4/6 5] Having perused the pleadings before the Court and upon consideration of the submissions made, it is seen that the punishment which is imposed on the petitioner in terms of the Rule 9.1(b)(i) is “suspension from attending classes and academic privileges”. Prima Facie it appears to the Court that the punishment will operate only in respect of suspension from attending classes and other academic privileges. There appears to be no restraint on the petitioner from appearing in the semester examination. The Anti-Ragging Committee upon detailed deliberations and examination of various statements recorded had arrived at the conclusion for imposition of the punishment that the petitioner was involved in ragging of the victim students. There is no dispute that ragging is menace which needs to be curbed out. The Regulation of 2009 has been brought by the UGC precisely to curb the menace of ragging. On the other hand, the question of students’ career or future is also required to be taken note of. The IIT, Guwahati is an institution of excellence and is one of the premier technical institutions in this country. While the Court does not appreciate and/or approve of the conduct of the petitioner in involving himself in ragging of the victim students, the Court is also conscious of the fact that the petitioner is presently pursuing the 7th semester of his B.Tech. (Chemistry) course and is only one semester away from completing the said course. Page No.# 5/6 6] Under such circumstances, this Court is of the considered view that even without alteration of the punishment imposed upon the petitioner, which is suspension from attending classes and academic privileges, it is clear that the punishment imposed on the writ petitioner specifically does not restrain him from appearing in the semester examination. The only question that arises for consideration is whether the petitioner can be permitted to attend classes through virtual mode. It is also important to note that the purport of imposition the punishment including debarring the petitioner and removing him from the hostel was perhaps to keep him away from the premises of the institution so as to prevent him from committing any further mischief/misconduct or from coming into contact with the victim student(s). This Court is of the considered view that the ends of justice will be met, if the respondent authorities permit the petitioner to appear in the mid term semester examinations for the 7th semester and for which the punishment of suspension from attending classes can be altered only to the extent of permitting the petitioner to attend the classes through virtual mode from a place outside the premises of the institution. The IIT, Guwahati authorities will make necessary arrangement to permit the petitioner to attend classes forthwith through virtual mode. The petitioner will have to make arrangement by himself at his end from outside the premises of the IIT, Guwahati to avail the benefit of attendance of classes Page No.# 6/6 through virtual mode. The petitioner is also permitted to appear in the 7th semester examination including mid term semester examination. The IIT, Guwahati authorities will permit the petitioner to appear in the mid term semester examination which is scheduled to be held from 13.09.2026. The IIT, Guwahati authorities will take steps to permit him to attend classes and appear in examination through virtual mode. The petitioner will be allowed to take admission and submit necessary examination fees etc as may be required under the institution rules for this purpose. 7] This writ petition is accordingly, disposed of in terms of the above. JUDGE Comparing Assistant