Appeal against interim stay order in a writ petition challenging student rustication dismissed as there were no good grounds to entertain appeal against interim order. University permitted to apply for modification.
Appeal dismissed; University allowed to file reply and apply for modification of interim order.
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GAHC010046922018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA 161/2018
1:THE TEZPUR UNIVERSITY AND 6 ORS
REPRESENTED BY THE VICE CHANCELLOR TEZPUR UNIVERSITY ,P.O. TEZPUR UNIVERSITY NAPAAM, DIST. SONITPUR ,ASSAM ,PIN. 784028
2: THE REGISTRAR TEZPUR UNIVERSITY P.O. TEZPUR UNIVERSITY NAPAAM DIST. SONITPUR ASSAM PIN. 784028
3: THE DEAN STUDENT'S WELFARE TEZPUR UNIVERSITY P.O. TEZPUR UNIVERSITY NAPAAM DIST. SONITPUR ASSAM PIN. 784028
4: THE INQUIRY COMMITTEE TEZPUR UNIVERSITY REPRESENTED BY ITS CHAIRMAN AT TEZPUR UNIVERSITY P.O. TEZPUR UNIVERSITY NAPAAM DIST. SONITPUR ASSAM PIN. 784028
5: THE STUDENTS DISCIPLINARY COMMITTEE TEZPUR UNIVERSITY REPRESENTED BY ITS CHAIRMAN AT TEZPUR UNIVERSITY P.O. TEZPUR UNIVERSITY NAPAAM DIST. SONITPUR ASSAM PIN. 784028
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6: THE DEAN SCHOOL OF ENGINEERING TEZPUR UNIVERSITY P.O. TEZPUR UNIVERSITY NAPAAM DIST. SONITPUR ASSAM PIN. 784028
7: THE HOUSTEL WARDEN OF PATKAI MEN'S HOSTEL TEZPUR UNIVERSITY P.O. TEZPUR UNIVERSITY NAPAAM DIST. SONITPUR ASSAM PIN. 78402
VERSUS
1:MASUD IFTIKAR ALAM S/O SHRI SATISH KUMAR PANDEY ,
PERMANET RESIDENT OF MOTHER TERESA PATH ,HOUSE NO. 2, NEAR HATIGAON POLICE STATION ,GUWAHATI 781038, DIST. KAMRUP (M), ASSAM
Advocate for the Petitioner : MR. N C DAS
Advocate for the Respondent :
BEFORE
HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
4.6.2018 (Ajit Singh, CJ)
Mr. NC Das, learned senior counsel, assisted by Mr.B Choudhury and Ms.M Borah, learned counsel for the appellants.
None for the Respondent.
Heard on admission.
Respondent is a 7th semester student of Tezpur University. The University, however, rusticated him for the spring semester 2018. The University has also placed him under
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conduct probation apart from debarring him from appearing in the campus placement. Aggrieved, the Respondent has filed WP(C) No.597/2018, wherein interim relief against his rustication is also prayed for.
On 7.2.2018, the writ petition came up for hearing before the learned Single Judge. And on that date, the learned counsel for the University took notice of the petition to file reply within 3 weeks. The learned Single Judge, till the next date of hearing, by the impugned order, as an interim measure, has stayed the rustication of respondent. The learned Single Judge has also allowed him to pursue his education as well as to participate in the campus placement.
The University, instead of filing reply in the writ petition and praying for modification of the interim order, has rushed to file the present appeal.
Since the writ petition of Respondent is pending before the learned Single Judge and the counsel for the University has been granted time to file reply, we find no good ground to entertain the present appeal, at this stage, against an interim order. The University is free to file reply in the writ petition and also to apply for modification of the interim order on the basis of averments made in the reply. We hope and trust that if such an application for modification of the interim order is filed by the University, the same shall be decided on priority basis by the learned Single Judge.
With the aforesaid observation, the appeal stands finally disposed of.
Sd/Sd/JUDGE CHIEF JUSTICE
Comparing Assistant
Tezpur University
Masud Iftikar Alam
Ajit Singh
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
