GOLAP HUSSAIN and 3 ORS. v. GAUHATI UNIVERSITY and ORS.
WP(C)/7183/2016 · 2026-05-26
N Unni Krishnan Nair
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 6839 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6839 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC010209102016
2026:GAU-AS:7413
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7183/2016 GOLAP HUSSAIN and 3 ORS. S/O SHAMSER ALI, R/O PAHARINGPARA, P.O. DUBAPARA, P.S.MORNA, DIST- GOALPARA, ASSAM, PIN-783101 2: ROFIQUL ISLAM S/O ABDUL KADER R/O JOYPUR P.O. TARAKANDI P.S. KOLGACHIA DIST- GOALPARA ASSAM PIN-783101 3: ABDUL MANNAN KHAN S/O IMAN ALI R/O GOBINDOPUR P.O. GOBINDOPUR P.S. GOALPARA DIST- GOALPARA ASSAM PIN-783101 4: NURUL ISLAM S/O ABDUL HAMID R/O SOWARI POITARI P.O. JOYBHUM P.S. BAGUAM DIST- GOALPARA ASSAM PIN-78310 VERSUS GAUHATI UNIVERSITY and ORS. Page No.# 2/6 REP. BY THE REGISTRAR, GAUHATI UNIVERSITY, JALUKBARI, GHY-14 2:THE CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY JALUKBARI GHY-14 3:THE DY. CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY JALUKBARI GHY-14 4:THE PRINCIPAL GOALPARA COLLEGE GOALPARA ASSA Advocate for the Petitioner : MR.N C DAS, MS.B BEGUM,MS.M DEVI,MR.A DAS Advocate for the Respondent : , SC, G U
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.05.2026 Heard Mr. N. C. Das, learned Senior Counsel, appearing for the petitioners. Also heard Mr. P. J. Phukan, learned Standing Counsel, Gauhati University. 2. This Court vide order dated 28.04.2026, had required Mr. P. J. Phukan, to place before this Court mark-sheets of the petitioners of their B.A Examination and/or an extract of the marks scored by them in the said examination under the signature of the Controller of Examinations, Gauhati University. 3. When the matter was taken up in the first half, the said instruction was not placed before this Court. Accordingly, this Court had required Mr. P. J.
Page No.# 3/6 Phukan, to place the said instructions before this Court in the second half. In the second half when the matter was again called, the Controller of Examinations, Professor K. K. Sharma, although not directed to be personally present, had appeared before this Court along with the contemporaneous records. The Controller of Examinations, Gauhati University, on consulting the records has submitted that the petitioner no.1 had appeared in the B.A. Part III Examination for the year 2013, and had passed the same. The Controller of Examinations, has further submitted that in so far as the petitioner nos.2 to 4 is concerned, they had not appeared in the selection process and no records of their such appearance is available in the records of the said examination maintained by the Gauhati University Authorities. Mr.
P. J. Phukan, as well as the Controller of Examinations, Gauhati University, has however, submitted that the appearance and the clearing of the B.A. Examination by the petitioner no.1 would be of no consequence, inasmuch as, such clearance of the examination was beyond the permissible chances which is given to a candidate to appear in the Degree Examination and accordingly it is submitted that the result of the petitioner no.1, be not directed to be declared. 4. Mr. N. C. Das, learned Senior Counsel, to the contrary has submitted that the petitioners had all appeared in the examination and they were permitted to fill up the forms and appear in the examinations by the University Authorities with open eyes and accordingly, they having appeared in the examination, and
Page No.# 4/6 as such their results be not kept withheld and be declared so as to enable the petitioners to benefit, therefrom. 5. I have heard the learned counsel for the parties and perused the materials available on record. 6. The issue arising in the present writ petition is as to whether the petitioners had already completed the permissible chances for completion of their B.A. Degree Course while appearing for their B.A. Part III Examination in the year 2013. The petitioners have sought to justify their such appearance by contending that the University Authorities being in the knowhow of the permissible chances which were available to them, had permitted them to undertake the B. A. Part III examination in the year 2013, admittedly, beyond the period mandated for completion of the said post. As such their results ought to be directed to be declared. 7. The present writ petition was filed in the year 2016 and the same has remained in the records of this case since then. Considering the issue arising in the matter, this Court without entering into the merits of the said contentions raised by the petitioners, proceeds to consider the grievances raised by the petitioners, herein, basing on the submissions made by the Controller of Examinations, Gauhati University, from the records today. 8.
The petitioner nos.2 to 4, having been found to have not appeared in their respective B.A. Part III Examinations, this Court holds that no relief can be extended to the said petitioners and accordingly, in so far as the petitioner
Page No.# 5/6 nos.2 to 4 is concerned, it is directed that they have lost their chance to appear any further for examinations, for completion of their respective B.A. Course. 9. In so far as the petitioner no.1 is concerned, from the materials brought on records, the Controller of Examinations of the Gauhati University, having demonstrated that the petitioner no.1, had appeared in the examination and had cleared in all the papers of the said examination, but for the issue as to whether it was permissible for him to appear in the said examination after the completion of the permissible chances, the results of the petitioner would have otherwise be required to been declared. 10. As this Court has already held that it not examining the issue as to whether the petitioners had any further chances left to appear in the examination, this Court finding that the petitioner no.1, has already cleared the B.A Part III Examination 2013, directs the Gauhati University Authorities to declare the result of the petitioner no.1, within a period of 15 (fifteen) days from today. The mark-sheet of the petitioner No.1 be forwarded to the petitioner No.1, in accordance with the procedure mandated in this connection within a period of further 15 (fifteen) days after declaration of his results. 11. It is provided that the issue as to whether a candidate appearing in a Degree Course can be permitted to appear in the final examination and/or in any other examinations in connection with the course, in question, after the permissible chances for the same are exhausted, is kept open to be so considered in an appropriate proceeding. Page No.# 6/6
12.
With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant