Marufa Khatun v. The State of Assam and 2 Ors

ORDER Date : 16.10.2023

Heard Mr. N. Haque, learned counsel for the petitioner and Mr. A.R. Tahabildar, learned counsel for the respondents in the Higher Education Department of the Government of Assam.

¶2Considering the nature of the order proposed to be passed, no notice is required to be issued to the respondents No. 2 and 3, being the authorities in the Kumar Bhaskar Varma Sanskrit and Ancient Studies University, Namati, Nalbari.

¶3The petitioner is a student of M.A. in Political Science in the respondent Kumar Bhaskar Varma Sanskrit and Ancient Studies University and she passed out her first and second semester examination. But in respect of the third semester examination, as she did not have adequate attendance, she was not allowed to appear. In the meantime, she was allowed to appear through online mode and had passed the fourth semester examination. In paragraph 8 of the writ petition, it is stated that the university authorities advised the petitioner to appear in her third semester as arrear and accordingly was issued an admit card for the year 2021. The petitioner appeared in her third semester examination and passed the same and on the dates when she appeared in the examination, she had taken leave from the departmental authorities in the Elementary Page No.# 3/3 Education Department under which she was serving as an Assistant Teacher. The grievance of the petitioner is that although a grade sheet of third semester of the petitioner dated 26.05.2022 was provided, but she was not issued the final certificate of passing the M.A. examination in Political Science. Being aggrieved, two representations had been submitted by the petitioner before the Examination Controller of the said university dated 04.01.2023 and 31.03.2023. The grievance raised is that neither certificate had been issued nor any reasoned order had been passed on the aforesaid two representations of the petitioner.

¶4In the circumstance, instead of issuing notice, we deem it appropriate that ends of justice would be met on a direction to the Examination Controller of Kumar Bhaskar Varma Sanskrit and Ancient Studies University to consider the two representations of the petitioner dated 04.01.2023 and 31.03.2023 and pass a reasoned order thereon. If the authorities are of the view that the petitioner is entitled to the certificate, the same be accordingly issued and if the petitioner is not entitled to the certificate for any reason, the reason thereof be stated and the petitioner be informed accordingly. Although the representations are addressed to the Examination Controller, the same be given a consideration by the Registrar of the said university. Writ petition stands disposed of as indicated above. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010233792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6138/2023o MARUFAoKHATUNo W/O-oIBRAHIMoSARKAR,o RESIDENToOFoKHARUPETIAoTOWN,oWARDoNO.o4,o P.O.-oKHARUPETIA,oDIST.-oDARRANG,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o HIGHERoEDUCATIONoDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoKUMARoBHASKARoVARMAoSANSKRIToANDoANCIENToSTUDIESo UNIVERSITY oNAMATI oNALBARI oASSAM oPIN-o781337 o REPRESENTEDoBYoTHEoREGISTRAR o KUMARoBHASKARoVARMAoSANSKRIToANDoANCIENToSTUDIESo UNIVERSITY o NAMATI oNALBARI. 3:THEoCONTROLLERoOFoEXAMINATION oKUMARoBHASKARoVARMAoSANSKRIToANDoANCIENToSTUDIESo UNIVERSITY oNAMATI Page No.# 2/3 NALBARI ASSAM. PIN- 781337 Advocate for the Petitioner : DR. B AHMED Advocate for the Respondent : SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA