SANOWAR HUSSAIN Vs. GAUHATI UNIVERSITY AND OTHERS

JUDGEMENT

(1.) Heard Mr. M.U. Mahmud, learned Counsel for the petitioner, and Mr. L.P. Sharma, learned Standing Counsel, Gauhati University.

(2.) The case of the petitioner is, in brief, thus: The petitioner got admitted in LL.B. course, at Barpeta Law College, at Barpeta, for the Session 2000-2001. The petitioner passed LL.B. preliminary examination in the year 2001 and got admitted in LL.B. intermediate examination for the Session 2001-2002. The petitioner passed LL.B. intermediate examination in the year 2002. The petitioner was, then, admitted into LL.B. final year examination for the Session 2002-2003 in the same college. All of a sudden, the petitioner suffered from mental disorder and remained under treatment, at various places, including LGB Mental Hospital. Tezpur. Consequently, the petitioner could not appear, in final examination, in the year 2003. After his recovery, the petitioner appeared in the final year examination in the year 2004: but he could not pass in three Papers, namely, Paper Nos. 1, II and III. The petitioner, then, appeared in' the examination held in 2005: but he could pass only in two Papers, namely. Paper No. 1 and Paper No. IV and could not clear Paper No. If. The petitioner. then, once again, appeared. in the year 2006, in the final examination to clear Paper No. II of the final year. but failed. The petitioner. then, made a representation, dated 24.9.2004, to the Controller of Examination, Gauhati University, with a prayer to grant him permission in the ensuing LL.B. Final examination to be held in Dec., 2007. However, the Controller of Examination, vide letter, dated 3.10.2007, has informed the petitioner that he is not eligible to appear in the ensuing LL.B. final examination, 2007, inasmuch as the petitioner's last, chance has already expired. Aggrieved by the Order, dated 3.10.2007, the petitioner has, now, come to this Court seeking, with the help of the present writ, petition made under Art. 226, issuance of writ(s) setting aside and quashing the Order, dated 3.10.2007. aforementioned and commanding the respondents/ authorities concerned to allow the petitioner to appear in the ensuing LL.B. final examination to be held in Dec., 2007.

(3.) The subject, of controversy, in the present writ petition, thus, centers around the interpretation of Regulations 14 and 15 of the Gauhati University. Regulations 14 and 15 are, therefore, reproduced herein below:-