Gauhati High Court
Masud Iftikar Alam vs The Tezpur University And 7 Ors on 7 February, 2019
Author: Manojit Bhuyan
Bench: Manojit Bhuyan
Page No.# 1/8
GAHC010021602018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 597/2018
1:MASUD IFTIKAR ALAM
S/O- MD. MANIRUL HOQUE, PERMANENT R/O- MOTHER TERESA PATH, H
NO. 02, NEAR HATIGAON P.S, GUWAHATI-781038, DIST- KAMRUP(M),
ASSAM
VERSUS
1:THE TEZPUR UNIVERSITY AND 7 ORS.
REP. BY ITS REGISTRAR, TEZPUR, DIST- SONITPUR, ASSAM, PIN- 784028
2:THE VICE CHANCELLOR
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
3:THE REGISTRAR
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
4:THE DEAN STUDENTS WELFARE
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
Page No.# 2/8
5:THE ENQUIRY COMMITTEE
TEZPUR UNIVERSITY
REP. BY ITS CHAIRMAN AT TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
6:THE STUDENTS DISCIPLINARY COMMITTEE
REP. BY ITS CHAIRMAN
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
7:THE DEAN SCHOOL OF ENGINEERING
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
8:THE HOSTEL WARDEN OF CHARAIDEO MENS HOSTEL
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 78402
Advocate for the Petitioner : MR. P K GOSWAMI
Advocate for the Respondent : SC, TEZPUR UNIVERSITY
Linked Case : WP(C) 595/2018
1:SHUBHAM PANDEY
S/O- SRI SATISH KUMAR PANDEY
PERMANENT R/O- 180
Page No.# 3/8
MALIPUR MACHHALISAHAR PADAV
OLANGANJ
JAUNPUR
UP(E)
PIN- 222002
VERSUS
1:THE TEZPUR UNIVERSITY AND 7 ORS.
REP. BY ITS REGISTRAR
TEZPUR
DIST- SONITPUR
ASSAM
PIN- 784028
2:THE VICE CHANCELLOR
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
3:THE REGISTRAR
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
4:THE DEAN
STUDENTS WELFARE
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- TEZPUR
ASSAM
PIN- 784028
5:THE INQUIRY COMMITTEE
TEZPUR UNIVERSITY
REP. BY ITS CHAIRMAN AT TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
6:THE STUDENTS DISCIPLINARY COMMITTEE
TEZPUR UNIVERSITY
Page No.# 4/8
REP. BY ITS CHAIRMAN AT TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
7:THE DEAN
SCHOOL OF ENGINEERING
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
8:THE HOSTEL WARDEN OF PATKAI MENS HOSTEL
TEZPUR UNIVERSITY
P.O- TEZPUR UNIVERSITY NAPAAM
DIST- SONITPUR
ASSAM
PIN- 784028
Advocate for the Petitioner : MR. P K GOSWAMI
Advocate for the Respondent : SC
TEZPUR UNIVERSITY
Linked Case : WP(C) 831/2018
1:CHANDEEP SUMON GOGOI
S/O. LATE MINARAM GOGOI
PERMANENT RESIDENT OF LAKHIMI NAGAR NO. 1
PULIBOR
JORHAT
P.O. R.R.L.
PIN-785006
DIST. JORHAT
ASSAM.
VERSUS
1:THE TEZPUR UNIVERSITY AND ORS
REPRESENTED BY ITS REGISTRAR
TEZPUR
DIST. SONITPUR
ASSAM
PIN-784028
Page No.# 5/8
2:THE VICE CHANCELLOR
TEZPUR UNIVERSITY
P.O. TEZPUR UNIVERSITY NAPAAM
DIST. SONITPUR
ASSAM
PIN-784028
3:THE REGISTRAR
TEZPUR UNIVERSITY
P.O. TEZPUR UNIVERSITY NAPAAM
DIST. SONITPUR
ASSAM
PIN-784028
4:THE DEAN
STUDENT'S WELFARE
TEZPUR UNIVERSITY
P.O. TEZPUR UNIVERSITYU NAPAAM
DIST. TEZPUR
ASSAM
PIN-784028.
5:THE INQUIRY COMMITTEE
TEZPUR UNIVERSITY
REPRESENTED BY ITS CHAIRMAN
AT TEZPUR UNIVERISITY
P.O. TEZPUR UNIVERSITY NAPAAM
DIST. SONITPUR
ASSAM
PIN-784028
6:THE STUDENT DISCIPLINARY COMMITTEE
TEZPUR UNIVERSITY
REPRESENTED BY ITS CHAIRMAN
AT TEZPUR UNIVERSITY NAPAAM
DIST. SONITPUR
ASSAM
PIN-784028
7:THE DEAN
SCHOOL OF ENGINEERING
TEZPUR UNIVERSITY
P.O. TEZPUR UNIVERSITY NAPAAM
DIST. SONITPUR
ASSAM
PIN-784028
Page No.# 6/8
8:THE HOSTEL WARDEN OF PATKAI MEN'S HOSTEL
TEZPUR UNIVERSITY
P.O. TEZPUR UNIVERSITY NAPAAM
DIST. SONITPUR
ASSAM
PIN-784028.
Advocate for the Petitioner : MISS. M BORAH
Advocate for the Respondent : SC
TU
BEFORE
HONOURABLE MR. JUSTICE MANOJIT BHUYAN
ORDER
07.02.2019 Heard Ms. M. Borah, learned counsel for the petitioner in the three respective writ petitions as well as Mr. N.C. Das, learned senior counsel representing the Tezpur University, assisted by Mr. A. Das, Advocate.
For an incident occurring in the campus of the University on 06.11.2017, disciplinary actions were taken against the petitioners by rusticating them for two semesters which, however, were reduced to rustication only for the Spring semester of 2018 by office order dated 09.01.2018, followed by order dated 01.02.2018.
At the motion stage the basic facts were looked into, together with the provisions relating to the procedure for rustication governed under the Regulations on Maintenance of Students' Discipline and while issuing notice on 07.02.2018 in WP(C) 597/2018 allowed the petitioner therein to pursue his education and to appear in the examination. He was also allowed to participate in the campus placement. However, this Court made it clear that the petitioner would remain under conduct probation until he completes his study at the Tezpur University. The order passed in WP(C) 597/2018 was reiterated in the other two writ petitions as well.
Page No.# 7/8 As on today all the three writ petitioners have completed their study at the Tezpur University. Despite the same, it is contended that they have not been able to pursue their future career as because the necessary certificates have not yet been furnished by the Tezpur University such certificates being (i) Final Pass Certificate, (ii) Transcript Certificate/Marksheet, (iii) Migration Certificate, and (iv) Character Certificate.
Mr. Das, learned senior counsel fairly submits that since by now all the petitioners have completed their study, the University has no intention to hold back the Certificates of the petitioners. He submits that if and when representation to that effect is made to the Vice Chancellor of the University, the same would be favourably looked into and appropriate orders would be passed for redressing the grievances of the petitioners.
Having regard to the above and as agreed to by the counsels for the parties, this Court would not like to delve into other issues connected with the cases, save and except directing the petitioners to make individual representation to the Vice Chancellor of Tezpur University with prayer for furnishing the Certificates that are required to be supplied to them for advancement of their future career. As and when representation is made in terms of the above, the Vice Chancellor of Tezpur University would consider the same and pass necessary orders within a period of 2 (two) weeks thereof.
Ms. M. Borah on instructions from her clients submits that necessary representation would be made within 1 (one) week from today.
In view of the above and the broad consensus arrived at by and between the parties, the writ petitions do not survive for further consideration and the same are disposed of accordingly.
JUDGE Page No.# 8/8 Comparing Assistant