Taj Uddin and Anr v. The State of Assam and 5 Ors

PageoNo.#o1/4 GAHC010227472022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7193/2022o TAJoUDDINoANDoANR.o S/OoJAINALoABEDIN,oVILL-SOLMARIoJAN,oP.O.-DOBOKA,oP.S.-DOBOKA,o DIST-oHOJAI,oASSAM 2:oAJIMoUDDIN oS/OoATAURoRAHMAN oVILL-oMODERTOLI oP.O.-MODERTOLI oP.S.-DOBOKA oDIST-oHOJAI oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oEDUCATIONo(HIGHER)oDEPARTMENT,oDISPUR,o GUWAHATI-781006 2:THEoDIRECTORoOFoHIGHERoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-781019 3:HAJIoANFARoALIoCOLLEGE oP.O.-DOBOKA oHOJAI oASSAM oPIN-782440 oREPRESENTEDoBYoITSoPRINCIPAL 4:THEoPRINCIPAL oHAJIoANFARoALIoCOLLEGE oP.O.-DOBOKA Page No.# 2/4 HOJAI ASSAM PIN-782440 5:THE GOVERNING BODY OF HAJI ANFAR ALI COLLEGE REPRESENTED BY THE PRESIDENT OF THE GOVERNING BODY OF THE COLLEGE P.O.-DOBOKA HOJAI ASSAM PIN-782440 6:THE GAUHATI UNIVERSITY JALUKBARI GUWAHATI-781014 THROUGH THE CONTROLLER OF EXAMINATIO Advocate for the Petitioner : MR. R P SARMAH Advocate for the Respondent : SC, HIGHER EDU

B E F O R E

HON'BLE MR. JUSTICE KARDAK ETE

26.02.2024

Heard Mr. M.R. Adhikari, learned counsel for the petitioners. Also heard Mr. M. Nath, learned Senior Counsel assisted by Mr. A. Bhattacharjee, learned counsel for the respondent nos. 3 and 4 and Mr. A.R. Tahbildar, learned counsel for the respondent nos. 1 and 2. The petitioners have challenged the impugned order dated 01.07.2022, whereby the petitioners were expelled from Haji Anfar Ali College and the show-cause notice dated 01.06.2022. The petitioners have also challenged the consequential proceedings pursuant to the impugned order dated 01.07.2022 and prayed for allow them to appear in the semester examination. Page No.# 3/4 In the course of proceedings in the present case, on the other day, this Court has directed the petitioners along with their parents/guardians to report to the Principal of Haji Anfar Ali College, Doboka, Hojai in connection with admission and the examination of the petitioner on 08.02.2024 and directed the Principal to do the needful in accordance with law. This Court had taken note of the assurance and undertaking by Mr. M. Nath, learned Senior Counsel to advice the authorities of the college in the interest of the petitioners and their future career. Mr. Nath has placed the copy of the letter dated 22.03.2023, whereby the Principal of Haji Anfar Ali College has issued a letter to both the petitioners wherein, it is directed them to submit the list of subjects and optional papers to enable the authorities to finalise the coaching schedule and assign concerned teachers to guide them through the preparation process. Mr. Nath, learned Senior Counsel submits that in view of the such development in the matter, no grievance is survived to be adjudicated by this Court, inasmuch as, the college authorities including the Principal have taken due care and steps for the examination considering the future career of the petitioners. The learned Senior Counsel has submitted that the impugned orders and the consequent proceedings against the petitioners have already been withdrawn by the authorities. Mr. M.R. Adhikari, learned counsel for the petitioner on instruction has agreed to the submission by the learned Senior Counsel. Considering the submissions of the learned counsel for the parties and on perusal of the communication dated 23.12.2023, I am of the considered view that since the college authorities have withdrawn the impugned orders and the Page No.# 4/4 consequent the proceedings and the petitioners have been allowed to appear in the examination and further steps have been taken for future examination including the coaching of the petitioners, no issue is survived for further determination. In view of the above, this writ petition stands closed and disposed of. This Court extend its appreciation to the learned Senior Counsel Mr. M. Nath, who has taken a voluntary service to advise the Principal of the college to resolve the issues considering the future academic career of both the writ petitioners. A copy of the order dated 23.12.2023 be kept on record.

JUDGE Comparing Assistant