2 Feb 2023 10:31 AM GMT
The Gauhati High Court has set aside the notice issued by BRM Law College declaring two students ‘non-collegiate’ for a day's delay in payment of admission fee, and allowed them to appear for the 3rd Year 5th semester exams. The petitioners, Kalyan Buragohain and Robiul Hussain are the students of three years LL.B. course in the BRM Government Law College. It was their case that...
The Gauhati High Court has set aside the notice issued by BRM Law College declaring two students ‘non-collegiate’ for a day's delay in payment of admission fee, and allowed them to appear for the 3rd Year 5th semester exams.
The petitioners, Kalyan Buragohain and Robiul Hussain are the students of three years LL.B. course in the BRM Government Law College. It was their case that they deposited the admission fee on 31.10.2022 whereas the last date to deposit the same after the extension was 29.10.2022.
The Principal of the college vide a notice dated 22.12.2022 had categorised the petitioners as ‘non-collegiate’. Further, by the impugned notice dated 28.12.2022 the petitioners were not allowed to fill the examination forms for the end semester examination.
Advocate Prakreetish Sarma, the counsel for the petitioners, argued that the impugned order is arbitrary and illegal. He further submitted that the petitioners submitted representation before the Principal of the BRM Government Law College to accept their admission for the session 2022-23 but the college authorities did not give any consideration.
Advocate K. Gogoi, Standing Counsel for the Higher Education Department, Government of Assam, contended that the petitioners had not submitted any applications requesting the authorities concerned to grant some more time enabling them to deposit their admission fee for the session 2022-23. He submitted that had any such applications been received by the college authorities, they would have been considered.
Justice Manash Ranjan Pathak observed that there was only one day delay in the depositing the admission fee by the students which cannot be considered as deliberate.
"The Court is also aware of the fact that for not depositing their admission fee for the session 2022-23 by 29.10.2022, i.e., on the notified last date of depositing such fee, the respondent college authority made the petitioners Non-collegiate without considering the delay of one day, noted above and that the college authority barred them from filling up of their examination forms for their ensuing 3 year LL.B. End Semester Examination, 2022 for which the petitioners are going to lose their valuable academic year," said the court.
The court also highlighted that the college after 54 days from 29.10.2022 issued the impugned notice notifying that the petitioners did not take admission in the 3 years LL.B. 5th semester course for the session 2022-23.
"We have seen that the authorities of the respondent college have not returned the admission fee received from the petitioners to them, either depositing the said amount to their respective bank accounts or returning the said amount by cash or cheque to them, till date," said the court.
In this background, the court condoned the delay of one day with regard to depositing of the admission fee for the session 2022-23 and set aside the impugned notice.
"Consequently, categorizing the petitioners as Non-collegiate for not depositing admission fee by 29.10.2022 towards their admission in 3 Year LL.B. 5th semester for the session 2022-23 in said college is also set aside and quashed. As a result the respondent authorities shall allow the petitioners to take up the 3 Year LL.B. 5th semester examination," said the court.
Case Title: Kalyan Buragohain & Anr. v. The State of Assam & 5 Ors.
Citation: 2023 LiveLaw (Gau) 15
Coram: Justice Manash Ranjan Pathak
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