SAFIUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M.A. Sheikh, learned counsel for the petitioners, Mr. S.Chakraborty, learned Standing counsel, Gauhati University for the respondent Nos. 2 and 3 and Mr. T. Das, learned counsel appearing for the respondent Nos. 4 and 5.

(2.) THE pleaded case of the petitioners is that they are the student of B.A. Part-II and Part-III of the 3 years Degree Course in the Kharupetia College under the Gauhati University and they have been regularly attending the classes, but they have not been allowed to submit their filled up forms for their respective B.A. Part-II and Part-III examinations. THE last date of submission of examination forms was 7.12.2010. THE examination will be held in February, 2011. Hence, they have approached this Court under Article 226 of the Constitution of India praying for a direction to the respondents in general the respondent No.4- Principal, Kharupetia College to allow the petitioners to submit their respective filled up examination forms for the year 2010-2011. THEir prayer in the writ petition is as follows:

(3.) MR T. Das, learned counsel appearing for the respondent Nos. 4 and 5 has submitted that under the 'Assam Education Department Rules and Orders", the Governing Body U/s 17, Sub-section 2 to 5 has elaborately provided the College Authorities to take action as per the provisions under this Section and therefore, the action taken by the College authorities/Governing Body is in accordance with the Rules and Laws and direction on the respondents are wholly illegal and unjustified under the law and the rules.