Gauhati High Court
Page No.# 1/42 vs The Registrar Gauhati University And 2 … on 7 April, 2025
Page No.# 1/42
GAHC010169372024
2025:GAU-AS:4344
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4212/2024
HAM-AK RURAL COLLEGE OF EDUCATION
REP. BY ITS DIRECTOR, DR.INAMUL HASSAN,
KAWAIMARI CHALCHALI,
P.O- HAIBORGAON, DHING ROAD, NAGAON, ASSAM, PIN-782002
2: FARJINA AHMED
D/O-FAKAR UDDIN ALI AHMED VILL-SINGIA GAON P.O-SINGARI
MADRASSA P.S-JURIA
DIST-NAGAON(ASSAM) PIN-782124
3: RUBINA KHATUN
D/O-ABDUL MALEK VILL-LUCHANABORI P.O-LUCHANABORI P.S-
MOIRABARI DIST-MORIGAON(ASSAM) PIN-782126
4: JURI RAIDIHINGIA
D/O-RINA RAIDIHINGIA VILL-ROHAN BORTANI GAON P.O-ROHAN
P.S-SAPEKHATI DIST-CHARAIDEW(ASSAM) PIN-785692
5: MEHZEBIN SULTANA
D/O-MOZIBUR RAHMAN VILL-DUWAMARI P.O-DEWAGURI. P.S-
LAHARIGHAT DIST-MORIGAON(ASSAM) PIN-782127
6: ROZINA HASINA RAHMATULLAH
D/O-RAFIQUL ISLAM VILL-KACHARIGAON P.O-KALIADINGA
P.S-JURIA DIST-NAGAON(ASSAM) PIN-782124
7: ARPITA DEBNATH
D/O-KRISHNA KAMAL DEBNATH VILL-AMONI
P.O-AMONI P.S-SAMAGURI DIST-NAGAON(ASSAM) PIN-782138
8: MASUKA MOLLAH
D/O-MOZIBUR RAHMAN MOLLAH VILL-MISSA
P.O-MISSA P.S-SAMAGURI DIST-NAGAON(ASSAM) PIN-782138
Page No.# 2/42
9: NAYANA BORA
D/O-DEBEN BORA VILL-DHING NEPALI GAON P.O-DHING
P.S-DHING DIST-NAGAON(ASSAM) PIN-782123
10: NISHA BEGUM
D/O-HABIBUR RAHMAN VILL-BENGENA ATI P.O-CHOTAHAIBOR P.S-
NAGAON SADAR DIST-NAGAON(ASSAM) PIN-782003
11: JANIFAR AHMED
D/O-TUKI UDDIN FARUQUE AHMED VIIL-KANDHULIMARI P.O-MITHA
PUKHURI PAR P.S-JURIA
DIST-NAGAON(ASSAM) PIN-782124
12: SHAHRIN SULTANA
D/O-SAMIR JALAL VILL-SOUTH HAIBORGAON P.O-HAIBORGAON
P.S-SADAR DIST-NAGAON(ASSAM) PIN-782002
13: SANGITA DEY
D/O-LATE GAUTAM KUMAR DEY VILL-PANIGAON
P.O-ITACHALI P.S-SADAR NAGAON DIST-NAGAON(ASSAM) PIN-782003
14: UTTAM BORAH
S/O-JIBA KANTA BORAH VILL-MUDOIBL
P.O-MUDOIBIL P.S-JENGRAIMUKH DIST-MAJULI(ASSAM) PIN-785105
15: EPSITA ED BORA
D/O-DULAL BORA VILL-DHING ATHGAON P.O-DHING
P.S-DHING DIST-NAGAON(ASSAM) PIN-782123
16: KARIMA AHMED
D/O-MD. FAIJULLAH VILL-BORBHETI
P.O-KACHAMARI P.S-HAIBARGAON DIST-NAGAON(ASSAM) PIN-782002
17: PRASTUTI MAHANTA
D/O-JITEN MAHANTA VILL-BARHAMPUR BEJORGAON P.O-BARHAMPUR
P.S-ITACHALI DIST-NAGAON(ASSAM) PIN-782102
18: MANASH DAS
S/O-DEVA DAS VILL - BHURBANDHA P.O-BHURBANDHA
P.S-JALUGUTI DIST MORIGAON (ASSAM) PIN-782104
19: SHEIKH HABIBA
D/O-LATE HAZRAT ALI VILL-DURABANDHI GAON P.O-LUCHONABARI
P.S-BHELOWGURI DIST-MORIGAON(ASSAM) PIN-782126
20: CHITTRA RANJAN MAZUMDER
S/O-NITYA GOPAL MAZUMDER VILL-JAMUGURI
P.O-JAMUGURI P.S-JAMUGURI
Page No.# 3/42
DIST-NAGAON(ASSAM) PIN-782142
21: RIMASHREE BORAH
D/O-HIREN CH. BORAH VILL-BHARALAPAR
P.O-DORPANG P.S-BIHPURIA DIST-LAKHIMPUR(ASSAM) PIN-787033
22: PREETISMITA SAIKIA
D/O-CHANDRA SAIKIA VILL-MORIKALONG BORGHAT P.O-NAGAON
P.S-MORIKOLONG DIST-NAGAON(ASSAM) PIN-782001
23: PRIYANKA DAS
D/O-CHANDRA KANTA DAS VILL- 3 NO. KANDHULMARI P.O-DHING
P.S-DHING DIST-NAGAON(ASSAM)
PIN-782123
24: PRITY SARMAH
D/O-GOPAL SARMA VILL-JOGDUAR TINIALI P.O-TEOK
P.S-TEOK DIST-JORHAT(ASSAM) PIN-785112
25: MARINA SULTANA
D/O-AMRAN HUSSAIN VILL-PARMAIBHETI P.O-DHING
P.S-DHING DIST-NAGAON(ASSAM) PIN-782124
26: PRANAMIKA GOGOI
D/O-SIDANANDA GOGOI VILL-DEOGHARIA P.O-SELENGHAT
P.S- SELENGHAT DIST-JORHAT(ASSAM) PIN-785636
27: PARISHMITA BORAH
D/O-DEVAN KUMAR BORAH VILL-SENCHOWA HALDHIATI P.O-
SENCHOWA
P.S-SENCHOWA DIST-NAGAON(ASSAM) PIN-782002
28: BORNALI MODAK
D/O-KRISHNA MODAK VILL-DIMARUGURI P.O-ITACHALI
P.S-SADAR NAGAON DIST-NAGAON(ASSAM) PIN-782003
29: ISHA TAMULY
D/O-LATE MOHAN TAMULY VILL-BIRAH BEBEJIA P.O-BEBEJIA
P.S-BEBEJIA DIST-NAGAON(ASSAM) PIN-782002
30: BISHMITA BORAH
D/O-BIMAN BORAH VILL-RAJAGURUBARI P.O-BENGENAATI
P.S-MAJULI DIST-MAJULI(ASSAM) PIN-785106
31: ELORA HAZARIKA
D/O-BHAIRAB HAZARIKA VILL-ATHGAON P.O-DHING
P.S-DHING DIST-NAGAON(ASSAM) PIN-782123
Page No.# 4/42
32: ARZINA AHMED
D/O-AFZALUR RAHMAN VILL-HERAPATI
P.O-HERAPATI P.S-HAIBARGAON DIST-NAGAON(ASSAM) PIN-782002
33: PINKU KALITA
S/O-DHARMESWAR KALITA VILL-TEOK BRAHMIN GAON P.O-TEOK P.S-
TEOK DIST-JORHAT(ASSAM) PIN-785112
34: JAYANTA GUPTA
S/O-JOY PRAKASH GUPTA VILL-NAMARMABI T.E P.O-LAKWA P.S-
CHALAPATHAR DIST-SIBSAGAR(ASSAM) PIN-785688
35: PRIYANGSHU PRAGYAN BORAH
S/O-LATE AMBIKA CHARAN BORAH VILL-B.M ROAD
AMOLAPATTY P.O-NAGAON P.S-SADAR NAGAON DIST-NAGAON(ASSAM)
PIN-782001
36: LISHA PATHAK
D/O-DULAL CH. PATHAK VILL-MURHANI GAON P.O-CHALCHALI P.S-
SAMAGURI DIST-NAGAON(ASSAM) PIN-782141
37: SUMON DAS
D/O-BABUL DAS VILL-ROHMARIA BORTICHUK P.O-GARPARA P.S-
CHABUA DIST-DIBRUGARH(ASSAM) PIN-786101
38: DIMPAL BORA
D/O-LAKSHMIKANTA BORA VILL-LULCHURAKHAN P.O-NAGINEEJAAN
P.S-MARIANI DIST-JORHAT(ASSAM) PIN-785635
39: BINTI BORA
D/O-TUTUL BORA VILL-GORALI RONGHANG RONGKULI P.O-
PARAKHOWA P.S-DOKMOKA DIST-EAST KARBI ANGLONG (ASSAM) PIN-
782441
40: MUBASHIRA AHMED
D/O-MUKIM UDDIN AHMED VILL-DALANI JURIA P.O-TINSUKIA
P.S-JURIA DIST-NAGAON(ASSAM) PIN-782124
41: TEHRA NOORI
D/O-TAHIRUL ISLAM SIDDIQI VILL-DHING GAON P.O-DAGAON P.S-JURIA
DIST-NAGAON(ASSAM) PIN-782124
42: SHAHIN RUKSANA
D/O-WAHIDUR RAHMAN VILL-JENGANI GAON P.O-JENGANI
P.S-DHING DIST-NAGAON(ASSAM) PIN-782122
43: KARISHMA GOGOI
D/O-REBA GOGOI VILL-BAHUPATHAR P.O-DULIAPATHAR P.S-DHULA
Page No.# 5/42
DIST-DARRANG(ASSAM) PIN-784146
44: PROGYAKSHEE SAIKIA
D/O-PRASANNA SAIKIA VILL-AKAGAON P.O-MOLUA HABI
P.S-GOLAGHAT DIST-GOLAGHAT(ASSAM) PIN-785622
45: NARGIS SULTANA
D/O-NAZRUL ISLAM VILL-KARAIGURI
P.O-SALPARA P.S-SADAR NAGAON DIST-NAGAON(ASSAM) PIN-782125
46: POOJA MONI BORAH
D/O-JIBESWAR BORAH VILL-POTANI TELIAGAON P.O-BIHARAGAON
P.S-ITACHALI DIST-NAGAON(ASSAM) PIN-782101
47: RIAZUL HUSSAIN
S/O-ABDUL KADIR VILL- 1 NO MULLLAPATTY P.O-HAIBARGAON
P.S-HAIBARGAON DIST-NAGAON(ASSAM) PIN-782002
48: AKRAM SHAHADOT
S/O-ABDUL RAKIB VILL-DAKHIN JARUNI P.O-PHUTOLI BAZAR P.S-HOJAI
DIST-HOJAI(ASSAM) PIN-782446
49: DEEPJYOTI SAIKIA
S/O-JAGNYA RAM SAIKIA VILL-HATIGARH P.O-BALIGAON P.S-SADAR
NAGAON DIST-NAGAON(ASSAM) PIN-782144
50: PREETIPARNA BURAGOHAIN
D/O LATE BINOD BURAGOHAIN
R/O VILLAGE JALUKANIBARI
P.O. TITABAR
P.S. TITABAR
DISTRICT JORHAT
ASSAM
PIN 785630
51: ABUL MUJAHID AZAD
S/O-ABUL KALAM VILL-RANGLOO GRANT P.O-JAMARMUR
P.S-RANGLOO DIST-NAGAON(ASSAM) PIN-782427
52: PRONAB JYOTI SAIKIA
S/O-BIPIN SAIKIA VILL-TEOK CHAKAULIBOR GAON P.O-TEOK
P.S-TEOK DIST-JORHAT(ASSAM) PIN-785112
53: MOHSINA BORBHUYAN
D/O-JUBER AHMED VILL-ROWARPAR P.O-KOROIGURI
P.S-MURAJHAR DIST-NAGAON(ASSAM) PIN-782440
Page No.# 6/42
54: NABAJYOTI BORA
S/O-BHADRESWAR BORA VILL-MIKIRHAT P.O-PURANIGUDAM P.S-
SAMAGURI DIST-NAGAON(ASSAM) PIN-782141
55: JAYAMONI CHANGMAI
D/O-LATE NIRESWAR CHANGMAI VILL-LONGPATIA P.O-LONGPATIA
P.S-LONGPATIA DIST-SIVSAGAR(ASSAM) PIN-785692
56: PARISMITA BORAH
D/O-BIPUL BORAH VILL-CHARING DUARAH PAR P.O-CHARING
P.S-CHARING DIST-SIVSAGAR(ASSAM) PIN-785661
57: PORISHMA BORAH
/O-CHANCHAL BORAH VILL-BORBHETA MAZGAON P.O-CINNAMARA
P.S-JORHAT DIST-JORHAT(ASSAM) PIN-785008
58: NIHARIKA GOGOI
D/O-LALIT GOGOI VILL-UJJANI RAJABARI NAKACHARI P.O- UJJANI
RAJABARI P.S- UJJANI RAJABARI DIST-JORHAT(ASSAM) PIN-785635
59: BARSHA SAIKIA
D/O-KUSHAL SAIKIA VILL-MORAN GAON BARPATHAR P.O-PREMHORA
P.S-GOLAGHAT DIST-GOLAGHAT(ASSAM) PIN-785602
60: NARGIS SULTANA
D/O-ABDUL NOOR VILL-PACHIM JUGIGAH P.O-BAROFUTIA
P.S-HOJAI DIST-HOJAI(ASSAM) PIN-782426
61: ABIDA KHATUN
D/O-UBAIDULLAH VILL-DAKHIN KHATOWAL P.O-TARABARI
P.S-KHATOWAL DIST-NAGAON(ASSAM) PIN-782125
62: PRIYAMONI GOGOI
D/O-ANIL CH. GOGOI VILL-CHARINGIA GAON P.O-PHULPANICHIGA P.S-
GOURISAGAR DIST-SIVSAGAR(ASSAM) PIN-785683
63: OLIMPRIYA BORGOHAIN
D/O-JATIN BORGOHAIN VILL-MAHMORA KONWAR GAON P.O-BHARALI
PUKHURI P.S-GOLAGHAT
DIST-GOLAGHAT(ASSAM) PIN-785621
64: KAUSHIK SAIKIA
S/O-KRISHNARAM SAIKIA VILL-KOLONGPAR HALOWAGAON P.O-
KOLONGPAR HALOWAGAON P.S-SAMAGURI DIST-NAGAON(ASSAM) PIN-
782141
65: SNEHA GOGOI
Page No.# 7/42
D/O-LUHIT GOGOI VILL- 4 NO. RONGBONG P.O-KANAIGHAT
P.S-GOLAGHAT DIST-GOLAGHAT(ASSAM) PIN-78569
VERSUS
THE REGISTRAR GAUHATI UNIVERSITY AND 2 ORS
GOPINATH BORDOLOI NAGAR, GUWAHATI, ASSAM, PIN-781014
2:THE ACADEMIC REGISTRAR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI
ASSAM
PIN-781014
3:NATIONAL COUNCIL FOR TEACHER EDUCATION(NCTE)
REP. BY THE REGIONAL DIRECTOR
EASTERN REGIONAL COMMITTEE
G-7
SECTOR 10
DWARKA
LANDMARK- NEAR METRO STATION
NEW DELHI-11007
Advocate for the Petitioner : MR. A C BURAGOHAIN, MS. H BORAH,MS. S NATH
Advocate for the Respondent : SC, G U, SC, G U,SC, N C T E,SC, N C T E
Linked Case : I.A.(Civil)/444/2025
FARJINA AHMED AND ORS
D/O-FAKAR UDDIN ALI AHMED VILL-SINGIA GAON P.O-SINGARI
MADRASSA P.S-JURIA
DIST-NAGAON(ASSAM) PIN-782124
2: RUBINA KHATUN
D/O-ABDUL MALEK
VILL-LUCHANABORI
P.O-LUCHANABORI
P.S-MOIRABARI
DIST-MORIGAON(ASSAM)
PIN-782126
Page No.# 8/42
3: JURI RAIDIHINGIA
D/O-RINA RAIDIHINGIA
VILL-ROHAN BORTANI GAON
P.O-ROHAN
P.S-SAPEKHATI
DIST-CHARAIDEW(ASSAM)
PIN-785692
4: MEHZEBIN SULTANA
D/O-MOZIBUR RAHMAN
VILL-DUWAMARI
P.O-DEWAGURI. P.S-LAHARIGHAT
DIST-MORIGAON(ASSAM)
PIN-782127
5: ROZINA HASINA RAHMATULLAH
D/O-RAFIQUL ISLAM
VILL-KACHARIGAON
P.O-KALIADINGA
P.S-JURIA
DIST-NAGAON(ASSAM)
PIN-782124
6: ARPITA DEBNATH
D/O-KRISHNA KAMAL DEBNATH
VILL-AMONI
P.O-AMONI
P.S-SAMAGURI
DIST-NAGAON(ASSAM)
PIN-782138
7: MASUKA MOLLAH
D/O-MOZIBUR RAHMAN MOLLAH
VILL-MISSA
P.O-MISSA
P.S-SAMAGURI
DIST-NAGAON(ASSAM)
PIN-782138
8: NAYANA BORA
D/O-DEBEN BORA
VILL-DHING NEPALI GAON
P.O-DHING
P.S-DHING
DIST-NAGAON(ASSAM)
PIN-782123
Page No.# 9/42
9: NISHA BEGUM
D/O-HABIBUR RAHMAN
VILL-BENGENA ATI
P.O-CHOTAHAIBOR
P.S-NAGAON SADAR
DIST-NAGAON(ASSAM)
PIN-782003
10: JANIFAR AHMED
D/O-TUKI UDDIN FARUQUE AHMED
VIIL-KANDHULIMARI
P.O-MITHA PUKHURI PAR
P.S-JURIA
DIST-NAGAON(ASSAM)
PIN-782124
11: SHAHRIN SULTANA
D/O-SAMIR JALAL
VILL-SOUTH HAIBORGAON
P.O-HAIBORGAON
P.S-SADAR
DIST-NAGAON(ASSAM)
PIN-782002
12: SANGITA DEY
D/O-LATE GAUTAM KUMAR DEY
VILL-PANIGAON
P.O-ITACHALI
P.S-SADAR NAGAON
DIST-NAGAON(ASSAM)
PIN-782003
13: UTTAM BORAH
S/O-JIBA KANTA BORAH
VILL-MUDOIBL
P.O-MUDOIBIL
P.S-JENGRAIMUKH
DIST-MAJULI(ASSAM)
PIN-785105
14: EPSITA ED BORA
D/O-DULAL BORA
VILL-DHING ATHGAON
P.O-DHING
P.S-DHING
DIST-NAGAON(ASSAM)
PIN-782123
Page No.# 10/42
15: KARIMA AHMED
D/O-MD. FAIJULLAH
VILL-BORBHETI
P.O-KACHAMARI
P.S-HAIBARGAON
DIST-NAGAON(ASSAM)
PIN-782002
16: PRASTUTI MAHANTA
D/O-JITEN MAHANTA
VILL-BARHAMPUR BEJORGAON
P.O-BARHAMPUR
P.S-ITACHALI
DIST-NAGAON(ASSAM)
PIN-782102
17: MANASH DAS
S/O-DEVA DAS
VILL - BHURBANDHA
P.O-BHURBANDHA
P.S-JALUGUTI
DIST MORIGAON (ASSAM)
PIN-782104
18: SHEIKH HABIBA
D/O-LATE HAZRAT ALI
VILL-DURABANDHI GAON
P.O-LUCHONABARI
P.S-BHELOWGURI
DIST-MORIGAON(ASSAM)
PIN-782126
19: CHITTRA RANJAN MAZUMDER
S/O-NITYA GOPAL MAZUMDER
VILL-JAMUGURI
P.O-JAMUGURI
P.S-JAMUGURI
DIST-NAGAON(ASSAM)
PIN-782142
20: RIMASHREE BORAH
D/O-HIREN CH. BORAH
VILL-BHARALAPAR
P.O-DORPANG
P.S-BIHPURIA
DIST-LAKHIMPUR(ASSAM)
PIN-787033
Page No.# 11/42
21: PREETISMITA SAIKIA
D/O-CHANDRA SAIKIA
VILL-MORIKALONG BORGHAT
P.O-NAGAON
P.S-MORIKOLONG
DIST-NAGAON(ASSAM)
PIN-782001
22: PRIYANKA DAS
D/O-CHANDRA KANTA DAS
VILL- 3 NO. KANDHULMARI
P.O-DHING
P.S-DHING
DIST-NAGAON(ASSAM)
PIN-782123
23: PRITY SARMAH
D/O-GOPAL SARMA
VILL-JOGDUAR TINIALI
P.O-TEOK
P.S-TEOK
DIST-JORHAT(ASSAM)
PIN-785112
24: MARINA SULTANA
D/O-AMRAN HUSSAIN
VILL-PARMAIBHETI
P.O-DHING
P.S-DHING
DIST-NAGAON(ASSAM)
PIN-782124
25: PRANAMIKA GOGOI
D/O-SIDANANDA GOGOI
VILL-DEOGHARIA
P.O-SELENGHAT
P.S- SELENGHAT
DIST-JORHAT(ASSAM)
PIN-785636
26: PARISHMITA BORAH
D/O-DEVAN KUMAR BORAH
VILL-SENCHOWA HALDHIATI
P.O-SENCHOWA
P.S-SENCHOWA
DIST-NAGAON(ASSAM)
PIN-782002
Page No.# 12/42
27: BORNALI MODAK
D/O-KRISHNA MODAK
VILL-DIMARUGURI
P.O-ITACHALI
P.S-SADAR NAGAON
DIST-NAGAON(ASSAM)
PIN-782003
28: ISHA TAMULY
D/O-LATE MOHAN TAMULY
VILL-BIRAH BEBEJIA
P.O-BEBEJIA
P.S-BEBEJIA
DIST-NAGAON(ASSAM)
PIN-782002
29: BISHMITA BORAH
D/O-BIMAN BORAH
VILL-RAJAGURUBARI
P.O-BENGENAATI
P.S-MAJULI
DIST-MAJULI(ASSAM)
PIN-785106
30: ELORA HAZARIKA
D/O-BHAIRAB HAZARIKA
VILL-ATHGAON
P.O-DHING
P.S-DHING
DIST-NAGAON(ASSAM)
PIN-782123
31: ARZINA AHMED
D/O-AFZALUR RAHMAN
VILL-HERAPATI
P.O-HERAPATI
P.S-HAIBARGAON
DIST-NAGAON(ASSAM)
PIN-782002
32: PINKU KALITA
S/O-DHARMESWAR KALITA
VILL-TEOK BRAHMIN GAON
P.O-TEOK
P.S-TEOK
DIST-JORHAT(ASSAM)
PIN-785112
Page No.# 13/42
33: JAYANTA GUPTA
S/O-JOY PRAKASH GUPTA
VILL-NAMARMABI T.E
P.O-LAKWA
P.S-CHALAPATHAR
DIST-SIBSAGAR(ASSAM)
PIN-785688
34: PRIYANGSHU PRAGYAN BORAH
S/O-LATE AMBIKA CHARAN BORAH
VILL-B.M ROAD
AMOLAPATTY
P.O-NAGAON
P.S-SADAR NAGAON
DIST-NAGAON(ASSAM)
PIN-782001
35: LISHA PATHAK
D/O-DULAL CH. PATHAK
VILL-MURHANI GAON
P.O-CHALCHALI
P.S-SAMAGURI
DIST-NAGAON(ASSAM)
PIN-782141
36: SUMON DAS
D/O-BABUL DAS
VILL-ROHMARIA BORTICHUK
P.O-GARPARA
P.S-CHABUA
DIST-DIBRUGARH(ASSAM)
PIN-786101
37: DIMPAL BORA
D/O-LAKSHMIKANTA BORA
VILL-LULCHURAKHAN
P.O-NAGINEEJAAN
P.S-MARIANI
DIST-JORHAT(ASSAM)
PIN-785635
38: BINTI BORA
D/O-TUTUL BORA
VILL-GORALI RONGHANG RONGKULI
P.O-PARAKHOWA
P.S-DOKMOKA
DIST-EAST KARBI ANGLONG (ASSAM)
PIN-782441
Page No.# 14/42
39: MUBASHIRA AHMED
D/O-MUKIM UDDIN AHMED
VILL-DALANI JURIA
P.O-TINSUKIA
P.S-JURIA
DIST-NAGAON(ASSAM)
PIN-782124
40: TEHRA NOORI
D/O-TAHIRUL ISLAM SIDDIQI
VILL-DHING GAON
P.O-DAGAON
P.S-JURIA
DIST-NAGAON(ASSAM)
PIN-782124
41: SHAHIN RUKSANA
D/O-WAHIDUR RAHMAN
VILL-JENGANI GAON
P.O-JENGANI
P.S-DHING
DIST-NAGAON(ASSAM)
PIN-782122
42: KARISHMA GOGOI
D/O-REBA GOGOI
VILL-BAHUPATHAR
P.O-DULIAPATHAR
P.S-DHULA
DIST-DARRANG(ASSAM)
PIN-784146
43: PROGYAKSHEE SAIKIA
D/O-PRASANNA SAIKIA
VILL-AKAGAON
P.O-MOLUA HABI
P.S-GOLAGHAT
DIST-GOLAGHAT(ASSAM)
PIN-785622
44: NARGIS SULTANA
D/O-NAZRUL ISLAM
VILL-KARAIGURI
P.O-SALPARA
P.S-SADAR NAGAON
DIST-NAGAON(ASSAM)
PIN-782125
Page No.# 15/42
45: POOJA MONI BORAH
D/O-JIBESWAR BORAH
VILL-POTANI TELIAGAON
P.O-BIHARAGAON
P.S-ITACHALI
DIST-NAGAON(ASSAM)
PIN-782101
46: RIAZUL HUSSAIN
S/O-ABDUL KADIR
VILL- 1 NO MULLLAPATTY
P.O-HAIBARGAON
P.S-HAIBARGAON
DIST-NAGAON(ASSAM)
PIN-782002
47: AKRAM SHAHADOT
S/O-ABDUL RAKIB
VILL-DAKHIN JARUNI
P.O-PHUTOLI BAZAR
P.S-HOJAI
DIST-HOJAI(ASSAM)
PIN-782446
48: DEEPJYOTI SAIKIA
S/O-JAGNYA RAM SAIKIA
VILL-HATIGARH
P.O-BALIGAON
P.S-SADAR NAGAON
DIST-NAGAON(ASSAM)
PIN-782144
49: PREETIPARNA BURAGOHAIN
D/O LATE BINOD BURAGOHAIN
R/O VILLAGE JALUKANIBARI
P.O. TITABAR
P.S. TITABAR
DISTRICT JORHAT
ASSAM
PIN 785630
50: ABUL MUJAHID AZAD
S/O-ABUL KALAM
VILL-RANGLOO GRANT
P.O-JAMARMUR
Page No.# 16/42
P.S-RANGLOO
DIST-NAGAON(ASSAM)
PIN-782427
51: PRONAB JYOTI SAIKIA
S/O-BIPIN SAIKIA
VILL-TEOK CHAKAULIBOR GAON
P.O-TEOK
P.S-TEOK
DIST-JORHAT(ASSAM)
PIN-785112
52: MOHSINA BORBHUYAN
D/O-JUBER AHMED
VILL-ROWARPAR
P.O-KOROIGURI
P.S-MURAJHAR
DIST-NAGAON(ASSAM)
PIN-782440
53: NABAJYOTI BORA
S/O-BHADRESWAR BORA
VILL-MIKIRHAT
P.O-PURANIGUDAM
P.S-SAMAGURI
DIST-NAGAON(ASSAM)
PIN-782141
54: JAYAMONI CHANGMAI
D/O-LATE NIRESWAR CHANGMAI
VILL-LONGPATIA
P.O-LONGPATIA
P.S-LONGPATIA
DIST-SIVSAGAR(ASSAM)
PIN-785692
55: PARISMITA BORAH
D/O-BIPUL BORAH
VILL-CHARING DUARAH PAR
P.O-CHARING
P.S-CHARING
DIST-SIVSAGAR(ASSAM)
PIN-785661
56: PORISHMA BORAH
D/O-CHANCHAL BORAH
VILL-BORBHETA MAZGAON
Page No.# 17/42
P.O-CINNAMARA
P.S-JORHAT
DIST-JORHAT(ASSAM)
PIN-785008
57: NIHARIKA GOGOI
D/O-LALIT GOGOI
VILL-UJJANI RAJABARI NAKACHARI
P.O- UJJANI RAJABARI
P.S- UJJANI RAJABARI
DIST-JORHAT(ASSAM)
PIN-785635
58: BARSHA SAIKIA
D/O-KUSHAL SAIKIA
VILL-MORAN GAON BARPATHAR
P.O-PREMHORA
P.S-GOLAGHAT
DIST-GOLAGHAT(ASSAM)
PIN-785602
59: NARGIS SULTANA
D/O-ABDUL NOOR
VILL-PACHIM JUGIGAH
P.O-BAROFUTIA
P.S-HOJAI
DIST-HOJAI(ASSAM)
PIN-782426
60: ABIDA KHATUN
D/O-UBAIDULLAH
VILL-DAKHIN KHATOWAL
P.O-TARABARI
P.S-KHATOWAL
DIST-NAGAON(ASSAM)
PIN-782125
61: PRIYAMONI GOGOI
D/O-ANIL CH. GOGOI
VILL-CHARINGIA GAON
P.O-PHULPANICHIGA
P.S-GOURISAGAR
DIST-SIVSAGAR(ASSAM)
PIN-785683
62: OLIMPRIYA BORGOHAIN
D/O-JATIN BORGOHAIN
VILL-MAHMORA KONWAR GAON
Page No.# 18/42
P.O-BHARALI PUKHURI
P.S-GOLAGHAT
DIST-GOLAGHAT(ASSAM)
PIN-785621
63: KAUSHIK SAIKIA
S/O-KRISHNARAM SAIKIA
VILL-KOLONGPAR HALOWAGAON
P.O-KOLONGPAR HALOWAGAON
P.S-SAMAGURI
DIST-NAGAON(ASSAM)
PIN-782141
64: SNEHA GOGOI
D/O-LUHIT GOGOI
VILL- 4 NO. RONGBONG
P.O-KANAIGHAT
P.S-GOLAGHAT
DIST-GOLAGHAT(ASSAM)
PIN-785699
VERSUS
THE REGISTRAR
GAUHATI UNIVERSITY AND ORS
GOPINATH BORDOLOI NAGAR
GUWAHATI
ASSAM
PIN-781014
2:THE ACADEMIC REGISTRAR
GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR GUWAHATI ASSAM-
14
3:NATIONAL COUNCIL FOR TEACHERS EDUCATION
(NCTE)
REP BY THE REGIONAL DIRECTOR
EASTERN REGIONAL COMMITTEE
G-7
SECTOR-10
DWARAKA LANDMARK
NEAR METRO STATION
NEW DELHI-75
------------
Advocate for : Sonali Nath
Advocate for : SC
N C T E appearing for THE REGISTRAR
Page No.# 19/42
GAUHATI UNIVERSITY AND ORS
Linked Case : I.A.(Civil)/377/2025
HAM-AK RURAL COLLEGE OF EDUCATION
REP. BY ITS DIRECTOR
DR.INAMUL HASSAN
KAWAIMARI CHALCHALI
P.O- HAIBORGAON
DHING ROAD
NAGAON
ASSAM
PIN-782002
VERSUS
THE REGISTRAR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI
ASSAM
781014.
2:THE ACADEMIC REGISTRAR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI
ASSAM
PIN-781014
3:NATIONAL COUNCIL FOR TEACHER EDUCATION(NCTE)
REP. BY THE REGIONAL DIRECTOR
EASTERN REGIONAL COMMITTEE
G-7
SECTOR 10
DWARKA
LANDMARK- NEAR METRO STATION
NEW DELHI-110075
————
Advocate for : MR. A C BURAGOHAIN
Advocate for : SC
G U appearing for THE REGISTRAR
Page No.# 20/42
Linked Case : I.A.(Civil)/442/2025
HAM AK RURAL COLLEGE OF EDUCATION
REPRESENTED BY ITS DIRECTOR DR. INAMUL HASSAN
AGED ABOUT 39 YEARS
RESIDENT OF HATIZUZUA
NAGAON
ASSAM
VERSUS
THE REGISTRAR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI
ASSAM-781014
2:THE ACADEMIC REGISTRAR
GAUHATI UNIVERSITY
GOPINATH BORDOLOI NAGAR
GUWAHATI
ASSAM-781014
3:NATIONAL COUNCIL FOR TEACHER EDUCATION (NCTE)
REPRESENTED BY THE REGIONAL DIRECTOR
EASTERN REGIONAL COMMITEE
G-7
SECTOR-10
DWARAKA LANDMARK
NEAR METRO STATION
NEW DELHI
————
Advocate for : Sonali Nath
Advocate for : SC
G U appearing for THE REGISTRAR
Page No.# 21/42
BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
JUDGEMENT & ORDER (CAV)
Date : 07-04-2025
Heard Mr. A.C. Buragohain, learned Senior Counsel, assisted by Mr. R. Singh,
learned counsel for the petitioners; Mr. P.J. Phukan, learned standing counsel for
the respondent Nos. 1 & 2; and Mr. I. Alam, learned counsel for the respondent
No. 3.
2. In this petition, under Article 226 of the Constitution of India, 65 petitioners
have prayed for setting aside and quashing the Notification, dated 08.08.2024,
bearing Memo No. GU/AFF/B.Ed. Colleges/8205.
3. It is to be noted here that vide impugned Notification, dated 08.08.2024,
bearing Memo No. GU/AFF/B.Ed. Colleges/8205, the respondent Nos. 1 & 2 had
deleted the name of the petitioner college from the list of recognized college of
affiliation.
4. During the pendency of this writ petition, the petitioners have filed following
three interlocutory applications:-
(i) I.A.(Civil) No. 442/2025, for staying the two resolutions,
adopted by the respondent Nos.1 and 2, being Nos. R/EC-
03/2023/31(B)(xiv), dated 22.09.2023 and R/EC-03/2024/36(B)(10),
dated 28.10.2024; whereby the B.Ed. course of the petitioner’s
college is kept in abeyance;
(ii) I.A.(Civil) No. 377/2025, for quashing the order dated
01.09.2023, bearing Memo No. GU/AFF/2023/7064-69, issued by
the Registrar of the Gauhati University (GU, for short), keeping in
Page No.# 22/42
abeyance the affiliation of the petitioner’s college and keeping the
admission process on hold, without having any jurisdiction to do so;
(iii) I.A.(Civil) No. 444/2025 for issuing direction to the respondent
authorities to declare the result of 100 students, who have duly
appeared in the 1st year B.Ed. examination for the year 2023 –
2024.
5. As the parties involved in this petition and also in interlocutory applications
are common and as agreed upon, and also for the sake of convenience, it is
proposed to dispose of the main petition along with all the interlocutory
applications by this common judgment and order.
Background Facts:-
6. The background facts leading to filing of this petition are adumbrated herein
below:-
“The petitioner No. 1 college, Ham-AK Rural College of Education, is
imparting B.Ed. Degree in Nagaon district and petitioner Nos. 2 – 65
are the students of the aforementioned college. The petitioner No. 1
college had established the required infrastructure as per the norms of
National Council for Teachers Education (NTCE) and thereafter,
obtained affiliation of B.Ed. courses from the Gauhati University (GU)
and having granted permission to start B.Ed. first year course on
25.06.2020, bearing No. GU/AFF/2020/2571-575, allowed to continue
B.Ed. course for the first year, i.e. 2019 – 2020 and granted permission
for the second year, i.e. 2020 – 2021, vide Letter No. E.C.
Res.No.R/EC-07/2021/45(b)(13), dated 27.12.2021 and accordingly,
the petitioner No. 1 started second year course and the students
Page No.# 23/42appeared in the examination and passed out successfully with
distinction.
Thereafter, the respondent Nos. 1 & 2 had published a
Notification, dated 03.01.2022, bearing Memo No. GU/AFF/B.Ed
Colleges/3443, wherein the name of the petitioner college was
reflected at Serial No. 39 of the list and thereafter, the petitioner
college had submitted affiliation fees, amounting to Rs. 60,500/- for
renewal.
Thereafter, on 14.08.2023, one inspection team of respondent
Nos. 1 & 2, suddenly visited the petitioner college and though the
petitioner college sought for half an hour time to organize the records
to answer the queries and call all the Governing Body Members, who
resides few kilometers away, yet, the team did not give any time and
left the college campus after 15 minutes of inspection. Thereafter, the
inspection team had furnished one report to the respondent Nos. 1 &
2, without giving any opportunity of being heard to the petitioner, to
meet the queries. However, the petitioner college furnished the
required information in writing to the respondent Nos. 1 & 2. But, the
name of the petitioner college was deleted from the list of affiliation,
for which the petitioner college could not give admission to the next
year, i.e. 2024 – 2025, vide Notification dated 08.08.2024, bearing
Memo No. GU/AFF/B.Ed. Colleges/8205.
It is the pleaded case of the petitioner No.1 that it has duly
constituted governing body and other formalities in the said college
were complied with and because of the Notification dated 08.08.2024,
the petitioner college has been losing a precious academic year, and
Page No.# 24/42the action of the respondent Nos. 1 & 2 is in contravention to the
provision of Section 14(6) of the NCTE Act, 1993 and there is no
provision in the Act to keep in abeyance of the affiliation granted by an
University as stated in the Notification dated 08.08.2024, and the
respondent Nos. 1 & 2 has no power to derecognize/de-affiliate the
college, without the approval of the NCTE.”
Under such circumstances, it is contended to set aside the
impugned Notification dated 08.08.2024, bearing Memo No.
GU/AFF/B.Ed. Colleges/8205, by which the name of the petitioner
college is deleted from the list of affiliated B.Ed. colleges.
7. The respondent Nos. 1 & 2 have filed their affidavit-in-opposition, wherein it is
stated that while granting permission, the Executive Council of the GU, through a
Resolution dated 27.12.2021, for the second year session i.e. 2020 – 2021, put the
condition that the petitioner college has to submit the latest NCTE recognition
certificate and the same has not been submitted by the petitioner college to the
GU. It is further stated that one communication was received from the Office of
the Additional Director General of Police, CID, Assam on 01.07.2022, requesting to
provide documents/information as to whether the HAM-AK Rural College of
Education at Chalchali, Nagaon, Dhing Road; HAM-AK National Secondary & Senior
Secondary School at Chalchali, Nagaon, Dhing Road; HAM-AK Rural ITI at
Chalchali, Nagaon, Dhing Road; and HAM-AK Group of Institution at Chalchali,
Nagaon, Dhing Road, are affiliated or not and requested to provide official
documents.
7.1. It is further stated that it has also come to the light that the Director of the
petitioner college, who is the Secretary of HAM-AK Rural Development Foundation,
that a case, being Nagaon Sadar P.S. Case No. 1845/2020, under Sections
Page No.# 25/42
406/420/468/471/34 of the IPC has been lodged against him and his brother with
some serious allegations that they have been running a racket by illegally and
deceitfully providing B. Pharm.; D. Pharm.; B.A.; M.A.; M. Sc.; M. Phil., Ph.D.;
B.Ed., etc. degree/diploma certificates to a large numbers of youths of the entire
state, fraudulently collecting crores of money in the name of education.
7.2. It is also stated that, thereafter, as directed by the Registrar of GU, a
confidential inspection team from GU visited the petitioner college on 11.09.2022,
to verify the allegation of violation of norms and procedures by the petitioner
college while running B.Ed. course and regarding running several other courses
from the same building where the college has been established. The team
informed the Director of the college regarding inspection of the college and during
inspection, the team had found lot of anomalies in the college and also did not
find Principal, Teachers, Office Staffs or Students in the college. Hence, the team
recommended for reviewing the affiliation status of the college. Thereafter, the
inspection report was placed before the Affiliation Committee on 23.06.2023, and
the said committee recommended another inspection for further verification of the
facts. Thereafter, noticing serious anomalies in running the courses by the
petitioner college, a letter, bearing No. GU/AFF/2023/7064-69, dated 01.09.2023,
has been sent to the college informing that the affiliation for B.Ed courses has
been kept in abeyance until further decision. The report was placed before the
Affiliation Committee on 05.09.2023, and the committee accepted the report and
the same was placed before the Executive Council of the GU and accordingly, the
council recommended that the B.Ed Course offered by the petitioner college be
kept in abeyance, vide Resolution No. R/EC-03/2023/36(B)(xiv), dated 22.09.2023,
and the same was duly intimated by the Registrar of GU by a letter, bearing No.
GU/AFF/2023/7248-51, dated 09.11.2023.
7.3. It is also stated that the inspection team after visiting the petitioner college,
Page No.# 26/42
submitted a report, which also indicated that the college has been violating the
relevant laws of the GU as well as the NCTE regarding formation of Governing
Body, Shortage of Teachers, Procedures of Appointing Teachers and Staffs, Salary
of Teaching Staffs, Library Facility, etc. and the college was asked to submit a
compliance report regarding fulfillment of conditions laid down in view of the
inspections as per prevailing laws including the GU and NCTE regulations.
Thereafter, again an inspection has been carried out in the said college on
30.01.2024, and the report of inspection has been accepted by the Affiliation
Committee, in its meeting held on 09.05.2024, and subsequently, the Executive
Council of the University in its meeting held on 28.10.2024, resolved that the
admission in the college is to be kept in abeyance and the said resolution has also
been forwarded to the NCTE. Thereafter, the matter was discussed in the meeting
of the Eastern Regional Committee (ERC) of NCTE on 10.12.2024, and the
committee resolved to seek comments from the institution on the observations
made by the Gauhati University.
7.4. It is also stated that the petitioner college has not been de-affiliated, but the
affiliation has been kept in abeyance by a communication of the University
authority to the petitioner college under Memo No. GU/AFF/2023/7064-69, dated
01.09.2023. Thereafter, the University has also sent another letter comprising of
the Executive Council Resolution No. R/EC-03/2023/36(B)(xiv), dated 22.09.2023,
regarding the petitioner college’s B.Ed. Course having been kept in abeyance till
fulfillment of altogether 7 numbers of conditions by the petitioner college. The
decision of the university to keep in abeyance is in tune with the relevant laws of
the land including the NCTE ACT of 1993, NCTE Regulations of 2014, Gauhati
University Act of 1947 (as amended) and the Statutes/Rules/Ordinances framed
thereunder.
7.5. It is further stated that the Nagaon Sadar Police Station Case No. 1845/2020,
Page No.# 27/42
under Sections 406/420/468/471/34 of the IPC is pending against the HAM-AK
group of institutions and the petitioner college is also one of the said institutions
and that non-incorporation of the name of the petitioner college in the Gauhati
University Notification dated 08.08.2024, does not indicate that the petitioner
college has been de-affiliated, as sought to be purportedly projected in the Writ
Petition and the entire matter is now pending before the NCTE authorities.
Therefore, it is contended to dismiss this petition.
8. The respondent No.3 has also filed an affidavit-in-opposition, wherein it is
stated that the HAM-AK Rural College of Education, Dist. Nagaon, Assam was
recognized by the ERC, NCTE by order F.No. ERC/269.6.16/B.Ed &
D.El.Ed/2019/59660, dated 03.03.2019, for the academic Session 2019-2020,
under Cause 7(16) of NCTE (Recognition Norms and Procedure) Regulations, 2014
and the recognition is continued till date.
9. Mr. Buragohain, learned Senior counsel appearing for the petitioners submits
that before passing the impugned Notification dated 08.08.2024, deleting the
name of the petitioner college from the list in the midst of academic session 2023
– 2024, jeoparded the future of 100 numbers of student who are
debarred/prohibited from taking admissions in the next academic session 2024 –
2025 and that no notice was given to the petitioner college and no opportunity of
being heard is afforded to them and as such, the impugned Notification is bad in
law and that Government has no business in regulating the B.Ed. colleges and it is
the NCTE, who is to look after the said issue.
9.1. Mr. Buragohain, has referred following decisions in support of his
submission:-
(i) State of Maharashtra vs. Sant Dnyaneshwar Shikshan Shastra
Mahavidyalaya and Others, in Civil Appeal No. 1859/2006;
Page No.# 28/42
(ii) Subharati K.K.B. Charitable Trust vs. Dr. Bhim Rao
Ambedkar University, in Civil Misc. Writ Petition No.8731/2006 of
Allahabad High Court.
9.2. Mr. Buragohain, further submits that the university has declared the result of
the candidates, but immediately after declaration of the result, withdrawn the
same from the website and that the students are suffering a lot. Therefore, it is
contended to set aside the impugned Notification dated 08.08.2024 and further to
declare the result of the students and to stay the two resolutions.
10. Per-contra, Mr. Phukan, learned counsel for the respondent Nos. 1 & 2
submits that though there is no express provision for withdrawing the affiliation,
yet, the power to withdraw the same is inherent with the respondent authorities,
in view of Section 21 of the General Clauses Act. Mr. Phukan, further submits that
the petitioner college was granted temporary affiliation in the year 2021 and
permanent affiliation would have been granted only in the year 2026, after 5
years. Mr. Phukan, further submits that the petitioners have not arrayed the State
Government as party in this proceeding and that the decisions relied upon by Mr.
Buragohain, learned Senior counsel for the petitioners are not applicable in the
given factual background of the case.
10.1. Mr. Phukan, further submits that in view of the inspection report and also
in view of the pending cases against the petitioner college and also in view of the
allegation of taking huge amount of fees from the students at the time of
admission, it would be improper on the part of this Court to allow this petition.
Therefore, it is contended to dismiss this petition.
10.2. Under such circumstances, Mr. Phukan submits that in the present petition
some disputed questions of law are involved and instead of venturing into decide
the same, the same left to be decided by the university, who is the best judge to
decide whether to grant affiliation or not to grant affiliation to the petitioners’
Page No.# 29/42
college.
10.3. Mr. Phukan, has also referred following decisions in support of his
submission.:-
(i) West Bengal Central School Service Commission and
Others vs. Abdul Halim and Others, reported in (2019)
18 SCC 39;
(ii) Adarsh Shiksha Mahavidalaya and Others vs. Subhash
Rahangdalae and Others, reported in (2012) 2 SCC 425;
(iii) University Grant Commission and Others vs. Neha Anil
Bobde (gadekar), reported in (2013) 10 SCC 519;
(iv) Rasid Javed and Others vs. State of Uttar Pradesh and
Others, reported in (2010) 7 SCC 781;
(v) Nehru Gram Bharati University vs. State of Uttar
Pradesh and Others, reported in (2019) 11 SCC 473;
(vi) Maa Vaishno Devi Mahila Mahavidalaya vs. State of Uttar
Pradesh and Others, reported in (2013) 2 SCC 617
11. Whereas, Mr. Alam, learned counsel for the respondent No. 3 submits that
the respondent No. 3 has not taken any decision regarding cancellation of the
permission. Mr. Alam, further submits that the students should not suffer for the
fault of the petitioner college and therefore, it is contended to allow the petition.
12. Having heard the submissions of learned counsel for both the parties, I have
carefully gone through the petition as well as the documents placed on record and
also perused the impugned Notification, dated 08.08.2024; Joint Inspection Report
dated 11.09.2022; decision of the Executive Council dated 22.09.2023; and the
letter dated 30.01.2024.
13. It appears that the petitioner college has not been de-affiliated by the
respondent Nos. 1 & 2. It further appears that the petitioner college was granted
Page No.# 30/42
recognition/permission for conducting B.Ed. and D.El.Ed. courses for the session of
2019 – 2020, under Clause 7(16) of NCTE (Recognition Norms & Procedure)
Regulations, 2014 subject to fulfillment of some conditions. Thereafter, they have
applied for affiliation to the respondent Nos. 1 & 2 and vide resolution, dated
27.12.2021, the petitioner college was granted permission to conduct 2 nd year
B.Ed. course for the session of 2020 – 21. Thereafter, the respondent Nos. 1 & 2
had published Notification dated 03.01.2022, reflecting the name of the petitioner
college in the list of colleges, imparting B.Ed. course at Serial No. 39.
13.1. It further appears that vide Notification dated 08.08.2024, the university
had published another list of affiliated B.Ed. colleges, which shows the absence of
the name of the petitioner’s college. It also appears that the petitioner college has
not been de-affiliated by the GU, but as per Executive Council Resolution, the
same was kept in abeyance. It also appears from the affidavit-in-opposition of
respondent No.1 and that a high level inspection team has inspected the
petitioner’s college on 11.09.2022, and found some allegation of violation of norms
and procedure by the petitioner college while running the B.Ed. course as genuine
and even the inspection team could not find the Principal, teachers, office staff or
students in the college and no record/document(s) regarding the college were
found in the college premises. Therefore, the inspection team recommended to
review the affiliation of the status of the petitioner college.
13.2. The said report was placed before the Affiliation Committee, in its
meeting, held on 23.06.2023, and thereafter, again another team visited the
petitioner college and submit new report, which was placed before the Affiliation
Committee on 05.09.2023, and as per the Executive Council Resolution dated
22.09.2023, the affiliation of the petitioner college is kept in abeyance, and the
same has been duly intimidated to the petitioner college.
Page No.# 31/42
13.3. It further appears that the respondent Nos. 1 & 2 had passed its
Ordinances on Permission and Affiliation of Teachers’ Training Colleges, 1997, in
supersession of all Earlier Ordinances on T.T. Colleges and its resolution 7(c)
provides that on a satisfactory inspection report the Executive Council may grant
provisional permission for one year only on the recommendation of the Affiliation
Committee to start the College and conduct classes as proposed, subject to
obtaining recognition of the NCTE as provided in Chapter – IV, Section 14 of the
NCTE Act, 1993 before applying for affiliation. There is a requirement that the
College provisionally permitted shall submit a progress report within three months
showing the date of commencement of the classes, number of students admitted,
subjects introduced for teaching, number of volumes in the library subject wise
with costs, journals subscribed, arrangement made for the laboratories in the case
of science subjects and particulars of the principal and teachers appointed (whole-
time or part-time) giving their names, ages, qualifications (examinations passed
with divisions from H.S.L.C. onwards) year of passing each examination, the Board
or the University from which passed, research experience or degree, if any,
teaching experience, joining date and salary etc.
13.4. It appears that the inspection team has conducted inspection in the
petitioner college and found the following conditions:-
“1. The college does not have a Governing Body. A
Governing Body be formed in accordance with
regulations laid down by the Govt. of Assam and
Gauhati University.
2. The Principal should be the Secretary of the college
and the Governing Body.
3. The classroom infrastructure should be improved with
adequate facilities including blackboards, fans and
proper lighting.
Page No.# 32/42
4. The college building should be made with proper
safety norms and proper inspection of the premises
by the competent authority be ensured.
5. The college should recruit adequate number of
faculties as per NCTE and UGC norms by following
proper recruitment procedures.
6. The salary structure of the faculty should be as per
present NCTE/UGC/State Govt. Norms.
7. The college library should be equipped with
sufficient books and a Librarian should be appointed
by following proper recruitment procedures.”
13.5. It also appears that another inspection team visited the petitioner
college and found following discrepancies:-
“1. All the conditions laid down by the earlier
Inspection team have not been fulfilled by the
college.
2. During the Inspection, no students were present in
the College. Absence of students in the college
during Inspection is a major concern. On enquiry,
the Director of the college told that the students
are in Internship. However, they could not provide
any document/assignment plan on the student
allocation in different schools for Internship.
3. Although there are 24 teachers and the director were
present in the college the appointment procedures
are not clear. Some teachers are not from the
subject/course offered by the college. During the
Interaction with teachers, It was revealed that
some of them having Post Graduate Degree from Food
Science and Technology, Physics, etc. are also part
of the teaching staff. Most of the teacher do not
possess requisite norms as per UGC and NCTE.
Page No.# 33/42
However, the Inspection team did not verify the
documents relating to the qualifications of the
teachers.
4. The condition of the library is very poor. There was
no librarian or assistant librarian in the college.
Number of books is not adequate. Records were not
properly kept. No Accession Registrar was found in
the library. Books were not catalogued and without
any seal of the college library.
5. The college is not maintaining cash book /asset
register for accounts keeping and management,
During discussion regarding this mutter and related
issues, the Director stated that the salaries of
some teachers were paid in cash! No clear policy
regarding payment of salary to the teaching/non-
teaching staff. Teachers were not paid at par with
at least the basic pay of UGC scale.
6. The Governing Body is not as per G.U. requirements.”
13.6. These discrepancies have duly been communicated to the petitioner
college. But, despite that, the petitioner college had failed to take necessary action
for compliance of the aforesaid conditions by rectifying defects. Therefore, the
respondent Nos. 1 & 2 had decided to keep in abeyance the affiliation to the
petitioners college and also kept on hold the admission to B.Ed. course offered by
the petitioner college vide Executive Council Resolutions, dated 22.09.2023 and
28.10.2024.
13.7. Thereafter, vide Executive Council Resolution dated 28.10.2024, the
Executive Council of the GU has resolved that the admission in petitioner college
be kept in abeyance, further which will eventually lead to de-affiliation of the
college and the matter was communicated to the NCTE, for further necessary
action, and it appears from the minutes of the 354 th Virtual Meeting of Eastern
Page No.# 34/42
Regional Committee (ERC) of NCTE held on 10.12.2024, that comment was sought
for from the petitioner college on the observation given by the GU.
13.8. Further, it appears from the allegations against the HAM-AK Rural
Group of Institution, where the petitioner college is also belonging, a case being
Nagaon Sadar P.S. Case No. 1845/2020, under Sections 406/420/468/471/34 of
the IPC has been registered against the Principal of petitioner college and one Sri
Hydor Ali, with some serious allegations that they have been running a racket by
illegally and deceitfully providing B.Pharm., D.Pharm., B.A., M.A., M.Sc., M.Phil,
Ph.D., B.Ed., etc. Degree/Diploma Certificates to a large numbers of youths of the
entire state, collecting crores of money in this fraudulent business in the name of
education and they sought for pre-arrest bail and vide order dated 20.10.2020, in
AB No. 2633/2020, both of them were granted pre-arrest bail.
14. The inspection appears to be conducted after giving prior information to the
petitioner college. Though they have denied of furnishing such prior information,
yet, this appears to be a disputed question of fact and in exercise of writ
jurisdiction this Court is not entitled to decide the disputed question of fact. But, it
appears prima-facie from the record that prior notices were given to the petitioner
college.
15. It is to be noted here that in the case of Adarsh Shiksha Mahavidalaya
(supra), Hon’ble Supreme Court has held as under:-
87. “…………….. We also reiterate that:–
(i) The Regional Committees established under
Section 20 of the 1993 Act are duty-bound to ensure
that no private institution offering or intending to
offer a course or training in teacher education is
granted recognition unless it satisfies the conditions
specified in Section 14(3)(a) of the 1993 Act and
Regulations 7 and 8 of the Regulations. Likewise, no
Page No.# 35/42recognised institution intending to start any new
course or training in teacher education shall be
granted permission unless it satisfies the conditions
specified in Section 15(3)(a) of the 1993 Act and the
relevant Regulations.
(ii) The State Government/UT Administration, to whom
a copy of the application made by an institution for
grant of recognition is sent in terms of Regulation
7(2) of the Regulations, is under an obligation to make
its recommendations within the time specified in
Regulation 7(3) of the Regulations.
(iii) While granting recognition, the Regional
Committees are required to give due weightage to the
recommendations made by the State Government/UT
Administration and keep in view the observations made
by this Court in St. Johns Teachers Training
Institute v. National Council for Teacher
Education [(2003) 3 SCC 321] and National Council for
Teacher Education v. Shri Shyam Shiksha Prashikshan
Sansthan [(2011) 3 SCC 238] , which have been extracted
in the earlier part of this judgment.
(iv) The recognition granted by the Regional
Committees under Section 14(3)(a) of the 1993 Act read
with Regulations 7 and 8 of the Regulations and
permission granted under Section 15(3)(a) read with the
relevant Regulations shall operate prospectively i.e.
from the date of communication of the order of
recognition or permission, as the case may be.
(v) The recognition can be refused by the Regional
Committee under Section 14(3)(b), in the first
instance, when an application for recognition is made
by an institution. Likewise, permission can be refused
under Section 15(3)(b).
(vi) If the recognition is refused under Section 14(3)
(b) after affording reasonable opportunity to the
applicant to make a written representation, the
institution concerned is required to discontinue the
course or training from the end of the academic session
next following the date of receipt of the order.
(vii) Once the recognition is granted, the same can be
withdrawn only under Section 17(1) if there is a
contravention of the provisions of the Act or the
Rules, or the Regulations, or orders made therein, or
Page No.# 36/42any condition subject to which recognition was granted
under Section 14(3)(a) or permission was granted under
Section 15(3)(a).
(viii) The withdrawal of recognition becomes effective
from the end of the academic session next following the
date of communication of the order of withdrawal.
(ix) Once the recognition is withdrawn under Section
17(1), the institution concerned is required to
discontinue the course or training in teacher education
and the examining body is obliged to cancel the
affiliation. The effect of withdrawal of the
recognition is that the qualification in teacher
education obtained pursuant to the course or training
undertaken at such institution is not to be treated as
valid qualification for the purpose of employment under
the Central Government, any State Government or
university or in any educational body aided by the
Central or the State Government.
(x) In view of the mandate of Section 16, no
examining body, as defined in Section 2(d) of the 1993
Act, shall grant affiliation unless the applicant has
obtained recognition from the Regional Committee under
Section 14 or permission for starting a new course or
training under Section 15.
(xi) While granting affiliation, the examining body
shall be free to demand rigorous compliance with the
conditions contained in the statute like the University
Act or the State Education Board Act under which it was
established or the guidelines/norms which may have been
laid down by the examining body concerned.
(xii) No institution shall admit any student to a
teacher training course or programme unless it has
obtained recognition under Section 14 or permission
under Section 15, as the case may be.
(xiii) While making admissions, every recognised
institution is duty-bound to strictly adhere to Paras
3.1 to 3.3 of the Norms and Standards for
Secondary/Pre-School Teacher Education Programme
contained in Appendix 1 to the Regulations.
Page No.# 37/42
(xiv) If any institution admits any student in
violation of the Norms and Standards laid down by NCTE,
then the Regional Committee shall initiate action for
withdrawal of the recognition of such institution and
pass appropriate order after complying with the rules
of natural justice.
(xv) The students admitted by unrecognised
institution and institutions which are not affiliated
to any examining body are not entitled to appear in the
examination conducted by the examining body or any
other authorised agency.
(xvi) The students admitted by the recognised
institutions otherwise than through the
entrance/eligibility test conducted in accordance with
the admission procedure contained in Para 3.3 of
Appendix 1 to the Regulations are also not entitled to
appear in the examination conducted by the examining
body or any other authorised agency.
(xvii) NCTE shall issue direction for mandatory
inspection of recognised institutions on periodical
basis and all the Regional Committees are duty-bound to
take action in accordance with those directions.
(xviii) In future, the High Courts shall not entertain
prayer for interim relief by unrecognised institutions
and the institutions which have not been granted
affiliation by the examining body and/or the students
admitted by such institutions for permission to appear
in the examination or for declaration of the result of
examination. This would also apply to the recognised
institutions if they admit students otherwise than in
accordance with the procedure contained in Appendix 1
of the Regulations.”
16. In that view of the matter, the two resolution of the Executive Council, being
challenged in this case, Nos. R/EC-03/2023/36(B)(xiv), dated 22.09.2023 and
R/EC-03/2024/31(B)(10), dated 28.10.2024; and the Notification dated
Page No.# 38/42
08.08.2024, cannot be said to be arbitrary or illegal. Kept in abeyance process was
adopted after conducting inspection in the petitioner college and found non-
compliance of the requirements as provided in the Ordinances of the Gauhati
University.
17. Mr. Phukan, the learned counsel for the respondent No.1 and 2 has rightly
pointed this out during argument and though such an action is not provided in the
Gauhati University Act, yet, Mr. Phukan has pointed out that in view of Section 21
of the General Clauses Act such power is inherent with the authority. It is to be
noted here that Section 21 of General Clauses Act provides that power to issue, to
include power to add, to amend, vary or rescind, notifications, orders, rules or
bye-laws.
18. I have also considered the submission of Mr. Phukan, learned counsel for the
respondent Nos.1 and 2 in respect of leaving the matter of “kept in abeyance” of
the affiliation and also to keep on hold of the admission process to the wisdom of
the University authority instead of examining the matter in exercise of writ
jurisdiction under Article 226 of the Constitution of India. There appears to be
substance in the submission of Mr. Phukan, learned counsel for the respondent No.
1 and 2. In the case of W.B. Central School Service Commission (supra)
Hon’ble Supreme Court has held as under:-
“30. In exercise of its power of judicial review, the
Court is to see whether the decision impugned is vitiated
by an apparent error of law. The test to determine
whether a decision is vitiated by error apparent on the
face of the record is whether the error is self-evident
on the face of the record or whether the error requires
examination or argument to establish it. If an error has
to be established by a process of reasoning, on points
where there may reasonably be two opinions, it cannot be
said to be an error on the face of the record, as held by
Page No.# 39/42this Court in Satyanarayan Laxminarayan
Hegde v. Millikarjun Bhavanappa Tirumale AIR 1960 SC 137]
. If the provision of a statutory rule is reasonably
capable of two or more constructions and one construction
has been adopted, the decision would not be open to
interference by the writ court. It is only an obvious
misinterpretation of a relevant statutory provision, or
ignorance or disregard thereof, or a decision founded on
reasons which are clearly wrong in law, which can be
corrected by the writ court by issuance of writ of
certiorari.
31. The sweep of power under Article 226 may be wide
enough to quash unreasonable orders. If a decision is so
arbitrary and capricious that no reasonable person could
have ever arrived at it, the same is liable to be struck
down by a writ court. If the decision cannot rationally
be supported by the materials on record, the same may be
regarded as perverse.
32. However, the power of the Court to examine the
reasonableness of an order of the authorities does not
enable the Court to look into the sufficiency of the
grounds in support of a decision to examine the merits of
the decision, sitting as if in appeal over the decision.
The test is not what the Court considers reasonable or
unreasonable but a decision which the Court thinks that
no reasonable person could have taken, which has led to
manifest injustice. The writ court does not interfere,
because a decision is not perfect.”
19. Thus, the action of the respondent No.1 and 2, in keeping in abeyance of the
affiliation of the petitioner college and also keeping in hold of the admission
process, vide EC resolution Nos. R/EC-03/2023/36(B)(xiv), dated 22.09.2023 and
R/EC-03/2024/31(B)(10), dated 28.10.2024; and the Notification deleting the
name of the petitioners’ college from the list of recognized college of affiliation, in
Page No.# 40/42
the given factual background, cannot be said to be without any authority of law.
The said Notification and the two Resolutions of the Executive Councils of
respondent No.1 and 2, to the considered opinion of this Court, are not such
decisions, which no reasonable person could have taken, that has led to manifest
injustice, warranting interference of this Court.
20. I have also gone through the other decisions referred by Mr. Phukan, the
learned counsel for the respondent No.1 and 2. There is no quarrel at the bar
about the proposition of law laid down therein. But, to decide the issues raised in
this petition, reference to all those decisions are found to be not necessary. And
therefore, detail discussion of the same is avoided.
21. I have considered the submission of Mr. Buragohain, learned Senior Counsel
for the petitioners and also gone through the decision referred by him and it
appears that there is some substance in his submission also, that it is for NCTE,
which deals with applications for establishing new B.Ed. colleges, in view of the 1993
Act and it is not open to the university for refusing such permission. The decision in
the case of Adarsh Shiksha Mahavidyalaya (supra) of the Hon’ble Supreme
Court also supported his submission to some extent. But, the background facts herein
this case is distinguishable from the said case. The other two decisions referred by
him also strengthened his submissions.
22. There is also substance in the submission of Mr. Buragohain, learned Senior
Counsel for the petitioners that once students are admitted in a course and continue
to study in that College, in which admissions had been given to them, in the previous
academic sessions, and in turn, the respondent No.1 and 2 would be obliged to
declare the results of the examinations conducted by it.
23. But, admittedly, in the instant case, there is no withdrawal of the affiliation of the
petitioners college by the respondent No.1 and 2. It has only been kept in abeyance.
The resolutions of the Executive Council has already been sent to the respondent
Page No.# 41/42
No.3, who is the ultimate authority in granting and refusing permission.
24. Under the given facts and circumstances on the record, and balancing
equities between the parties, this Court is inclined to dispose of this petition along
with the three interlocutory applications, with the following directions:-
(i) The respondent Nos. 1 & 2 shall declare the result of 1 st year
B.Ed. examination of all the candidates (including 64 petitioners)
for that batch of the year 2023 – 2024, as prayed for in I.A.
(Civil) No. 444/2025, within a period of 1 (one) week from
the date of receipt of the certified copy of this judgment and
order.
(ii) Within a period of 1 (one) months from the date of receipt of
certified copy of this judgment and order, the respondent No. 3,
shall take a decision in respect of the observation given by
respondent No.1 and 2 in the resolutions No. R/EC-
03/2023/36(B)(xiv), dated 22.09.2023 and R/EC-03/2024/31(B)
(10), dated 28.10.2024;
(iii) Thereafter, within a period of one month, the respondent No. 1
and 2 shall take a decision in respect of the order dated
01.09.2023, bearing Memo No. GU/AFF/2023/7064-69, in
respect of ‘kept in abeyance’ of affiliation of the petitioner
college and also in respect of the admission process of the
petitioner college, being kept on hold.
25. The petitioners shall obtain a certified copy of the judgment and order of this
Court and place before the respondent No.1, 2 and 3 within a period of one week
from today.
Page No.# 42/42
26. In terms of above, this writ petition and the connected interlocutory
applications stand disposed of.
JUDGE
Comparing Assistant
