SAHIR ALAM MAZUMDAR Vs. ASSAM UNIVERSITY

JUDGEMENT

(1.) THE petitions, in series, project the petitioner's initial grievance against non-declaration of his results of B. Com Final Year Examination of 2005, on re-evaluation, as prayed for and eventually, his assailment of the decision of the Assam University, Silchar (hereafter for short referred to as the 'University') to cancel his entire three years degree course, B. Com Examination of 2005 and to further debar him from appearing in any university examination for the years 2006, 2007 and 2008.

(2.) I have heard Mr. R. P. Sharma, Senior Advocate assisted by Mr. A. Nath, Advocate for the petitioner and Mr. N. Choudhury, learned counsel for the University.

(3.) THE impugned decision, vis-a-vis the petitioner, was thereafter taken, imposing on him the punishment under Clause 4 (j), 8 (iv) of the Ordinance No. 4 of the Ordinance framed under the Assam University Act, 1989 (hereafter for short referred to as the 'Ordinance'). THE respondent also questioned the maintainability of the writ petition for not having availed the alternative remedy of appeal available to him under the Ordinance. It has been clarified that though the petitioner's result pertain to the TDC Part-II Examination, 2005, by the time his case was decided, examination indiscipline cases relatable to the Examination of 2006, had also come up before the Committee and that therefore, in the notification dated 14.11.2006, the results of the enquiry involving him and the action taken thereon, were declared thereby.