SHATRUDHAN UPADHAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein invoking the certiorari jurisdiction of this court has sought for quashing clause 17(9) (Under Ordinance OC-8, RC-9) of the North Eastern Hill University, Shillong (for short 'NEHU') on the ground of the same being ultra vires. The said clause 17(9) prohibits retrospective benefit of revised ranking on re-evaluation of the answer scripts. The petitioner has also sought a writ in the nature of mandamus for a direction to the respondent NEHU to declare his merit position as First Class First with Gold Medal and Rank Certificate. We have heard Mr. Ranabir Chowdhury, learned counsel appearing for the petitioner. Also heard Mr. R Debnath, learned Central Govt. Counsel appearing for the respondent No. 1 and Mr. Subir Sen, learned Standing Counsel, NEHU appearing for respondent nos. 2and3

(2.) The facts relevant for the purpose of deciding the present writ petition may be noticed as under:

(3.) The denial of Gold Medal and rank certificate rests on RC-9 clause 17(9) of Regulation RC-9 made in accordance with Ordinance OC-8 of the NEHU Regulations which is quoted hereunder for effective adjudication of the writ proceeding: