Dismissed

Jugal Phukan and 59 Ors. v. the State of Assam and 5 Ors.

Gauhati HC4 Aug 2024WP(C)/3925/2024

Case brief

AI extract

What is this about?

Writ petition by students challenging a university notification shifting them from a shared hostel to others. Court upheld the shift to segregate courses and accommodate new students, dismissing the petition.

What did the court decide?

Petition dismissed; university directed to provide medical aid to students involved in hunger strike and attempt amicable settlement.

Jugal Phukan and 59 Ors. Vs the State of Assam and… — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010157202024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3925/2024

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JUGAL PHUKAN AND 59 ORS S/O DIPEN PHUKAN DEPT. ENGLISH, 3RD SEMESTER, R/O MORANHAT, DIST. TINSUKIA, ASSAM

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2: MANASH SAIKIA S/O-BOGEN SAIKIA DEPT. ASSAMESE 3RD SEMESTER R/O-LAKHIMPUR. DIST. LAKHIMPUR ASSAM

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3: BHASKAR PRATIM GOGOI

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S/O- BIPUL KUMAR GOGOI. DEPT. PHYSICS I. M. SC 7TH SEMESTER

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R/O- KHELMATI DIST. LAKHIMPUR ASSAM 4: SUPRATIM SENAPATI S/O- SUSHIL SENAPATI. DEPT. ENGLISH 3RD SEMESTER. R/O- NAKAVANI DIST. SIBSAGAR ASSAM.

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5: DHRUBA JYOTI GOGOI S/O- MANURANJAN GOGOI. DEPT. LIFE SCIENCE

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3RD SEMESTER R/O- HILOITARI DIST. LAKHIMPUR ASSAM.

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6: HARISH SINGH S/O- GULAP SINGH. DEPT. PHYSICS 3RD SEMESTER R/O-BOGIBILL JAGALONI GRANT. DIST. DIBRUGARH ASSAM

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7: PRATAP BARIK S/O- PROBIN BARIK. DEPT. SOCIOLOGY 3RD SEMESTER. R/O- MAJULI DIST. MAJULI ASSAM.

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8: PRANJIT SAIKIA S/O-LATE BHARAT SAIKIA

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DEPT. COMMERCE 3RD SEMESTER. R/O-GOLAGHAT CHANDMARI PURBANCHAL PATH DIST. GOLAGHAT ASSAM

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9: ANKUR PRASAD BORGOHAIN

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S/O-GIRISH BORGOHAIN. DEPT. COMMERCE 3RD SEMESTER. R/O-GOLAGHAT JONAKI NAGAR 2.NO BAN GAON DIST. GOLAGHAT ASSAM.

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10: SARANGA BORAH S/O-KESHAB BORAH DEPT. PHYSICS 3RD SEMESTER R/O- NO. 1 BORBALI

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PO BORBALI PS. BORBALI DIST. LAKHIMPUR ASSAM

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11: KANKAN JYOTI BORUAH S/O- HOREN BARUAH DEPT. HISTORY 3RD SEMESTER R/O- DERGAON DIST. GOLAGHAT ASSAM

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12: KARAN DOLAKASHARIA S/O-LILA DOLAKASHARIA DEPT. PHYSICS 1ST SEMESTER. R/O- LAKHIMPUR DIST. LAKHIMPUR ASSAM 13: RIDIP BORAH S/O- RAMEN BORAH DEPT. HISTORY 3RD SEMESTER R/O- DOOMDOOMA DIST. TINSUKIA

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ASSAM.

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14: RUPAM MORAN S/O-MANDHIR MORAN DEPT. LIFE SCIENCE 3RD SEMESTER. R/O- DIGHALIPATHAR DIST. TINSUKIA

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ASSAM.

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15: RUPJYOTI SAIKIA S/O-SONA SAIKIA DEPT. EDUCATION 3RD SEMESTER R/O-NUMALIGARH DIST. GOLAGHAT ASSAM

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16: GYANDEEP GOGOI S/O- NUMAL CHANDRA GOGOI. DEPT. MATHEMATICS 3RD SEMESTER R/O- HATIGARH DIST. DHEMAJI

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17: KANGKAN JYOTI KALITA S/O- JAGAT KALITA. DEPT. ECONOMICS 3RD SEMESTER R/O- JORHAT DIST. JORHAT ASSAM

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18: SANTANU NANDAN KASHYAP S/O-CHANDAN KAKOTY

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DEPT. COMMERCE 3RD SEMESTER R/O-DIBRUGARH UNIVERSITY DIST. DIBRUGARH ASSAM

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19: RAJDEEP GOGOI S/O-PRANAB JYOTI GOGOI DEPT. MATHEMATICS 3RD SEMESTER R/O-DULIAJAN DIST. TINSUKIA ASSAM

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20: NILUTPAL DAS

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S/O-NAGEN CHANDRA DAS DEPT. PHYSICS 3RD SEMESTER R/O-ADABARI GARGAON DIST. SIBSAGAR ASSAM

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21: JUGAL KISHOR GOGOI S/O-AKHIL GOGOI DEPT. HISTORY 3RD SEMESTER. R/O- TAMULICHIGALUKHURAKHON GAON. DIST. JORHAT ASSAM.

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22: BHASKARJYOTI LAHAN S/O-RAJEN LAHAN DEPT. CHEMISTRY 3RD SEMESTER. R/O- NAKATANI DIST. SIBSAGAR ASSAM 23: MRIDU POBAN BORA S/O- PHULENDRA BORA DEPT. MATHEMATICS 3RD SEMESTER R/O-DHORIAGAON KAKODONGA DIST. GOLAGHAT ASSAM.

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24: ARNAB BARUAH S/O- BASANTA BARUAH DEPT. ENGLISH 3RD SEMESTER. R/O-TINSUKIA DIST. TINSUKIA ASSAM.

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25: SABYASACHI KALITA S/O-LATE PRABIN CHANDRA KALITA. DEPT. APPLIED GEOLOGY 3RD SEMESTER. R/O-BAREGHAR BHAKAT GAON DIST. SIVASAGAR ASSAM 26: KHIRUD KALITA S/O-PRODIP KALITA. DEPT. HISTORY 3RD SEMESTER. R/O- DIBRUGARH UNIVERSITY. DIST. DIBRUGARH ASSAM.

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27: PINOJYOTI PEGU

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S/O RAM PEGU. DEPT. HISTORY 3RD SEMESTER. R/O- DIBRUGARH UNIVERSITY. DIST. DIBRUGARH ASSAM 28: SAHEEL KHAN S/O- BADRUL ISLAM. DEPT. APPLIED GEOLOGY 3RD SEMESTER. R/O-NAGAON DIST. NAGAON ASSAM. 29: PRANTUPROTIM BORAH S/O- PROBIN BORAH DEPT. MATHEMATICS 3RD SEMESTER. R/O- SIBSAGAR DIST. SIBSAGAR ASSAM 30: ANKUR HANDIQUE S/O-DIBYAJYOTIHANDIQUE DEPT. ECONOMICS 3RD SEMESTER. R/O-RAJAPOOLHANDIQUE GAON NAZIRA

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DIST. SIBSAGAR.

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31: SUBRAT SHYAM S/O- NIRMAL SHYAM DEPT. LIFE SCIENCE 3RD SEMESTER R/O- CHALPATHER DIST. DHEMAJI

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32: BITU DAS

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S/O- BIREN DAS DEPT. CHEMISTRY 3RD SEMESTER R/O- DHAKUAKHANA DIST. LAKHIMPUR ASSAM

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33: CHITRA MISSONG

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S/O-LABAN SINGH. DEPT. ECONOMICS 3RD SEMESTER. R/O- DHEMAJI. DIST. DHEMAJI ASSAM.

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34: GOUTAM SAIKIA

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S/O- ATUL SAIKIA. DEPT. ECONOMICS 3RD SEMESTER. R/O- MAJULI DIST. MAJULI ASSAM

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35: BHUSHAN LAHON S/O- DIPAK LAHON DEPT. CHEMISTRY 3RD SEMESTER. R/O-NITAIPUKHURI DIST. SIBSAGAR ASSAM

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36: MANASH PRATIM BORAH S/O- SONARAM BORAH DEPT. EDUCATION 3RD SEMESTER. R/O- K.B. ROAD NORTH LAKHIMPUR. DIST. LAKHIMPUR ASSAM.

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37: NUR HUSSAIN

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S/O- KHALILUR RAHMAN. DEPT. POLITICAL SCIENCE 3RD SEMESTER. R/O- DARRANG DIST. DARRANG ASSAM

38: VARUN PEGU

S/O-BHABEN PEGU

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DEPT. SOCIOLOGY

3RD SEMESTER R/O-SILAPATHAR. DIST. DHEMAJI ASSAM 39: SATYARANJAN BHATTACHARYYA S/O-PURNA BHATTACHARYYA DEPT. ASSAMESE 3RD SEMESTER. R/O-DIBRUGARH DIST. DIBRUGARH ASSAM 40: WASHIM AKRAM S/O-MD. MOHSIN. DEPT. PHYSICS 3RD SEMESTER. R/O-CHOTAHAPJAN 3 NO. LINE. DIST. TINSUKIA ASSAM 41: BHASKAR JYOTI PAO S/O-BICHITRA PAO DEPT. ANTHROPOLOGY 3RD SEMESTER. R/O-SILAPATHAR DIST. DHEMAJI ASSAM

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42: NITESH SHARMA

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S/O-RAMPRASAD SHARMA. DEPT. PHYSICS 3RD SEMESTER. R/O-NEPALIKHUTI DIST. GOALPARA ASSAM

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43: MADHURJYA NATH S/O-MADAN CHANDRA NATH DEPT. LIFE SCIENCE 3RD SEMESTER. R/O-SIPAJHAR. DIST. DARRANG ASSAM

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44: RINTU SARMA S/O-PUNARAM SARMA. DEPT. STATISTICS 3RD SEMESTER. R/O-MANGALDAI. DIST. DARRANG ASSAM 45: PUSPODHAR PEGU S/O-BHABAKANTA PEGU. DEPT. ECONOMICS 3RD SEMESTER. R/O-DIBRUGARH UNIVERSITY. DIST. DIBRUGARG ASSAM 46: LENISH MILI S/O-KIRITI MILI DEPT. HISTORY 3RD SEMESTER. R/O-SENCHOWAPUKHURI DIST. DIBRUGARH ASSAM 47: JOING CHAWHAI S/O-LATE NIMET CHAWHAI. DEPT. EDUCATION 3RD SEMESTER. R/O-PANGSOONGAON. DIST. SIVASAGAR ASSAM

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48: BISWAJIT SAIKIA S/O-BASANTA SAIKIA. DEPT. POLITICAL SCIENCE 3RD SEMESTER. R/O-DHEMAJI. DIST. DHEMAJI ASSAM.

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49: RAHUL KARDONG S/O-RUDRA KARDONG. DEPT. MATHEMATICS 3RD SEMESTER. R/O-BATUAMUKH. DIST. DHEMAJI ASSAM

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50: RAKESH NGATEY GAM S/O-HUKUMSINGNGATEY GAM

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DEPT. ECONOMICS 3RD SEMESTER R/O- 1 NO. PHUTUKI DIST. MAJULI ASSAM.

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51: BHARAT BHUSAN BARUAH SEM- 5TH DEPARTMENT- CJS VILLAGE- MAJULI

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P.S.- KAMALABARI C.O- DADHI RAM BARUAH

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52: AMAN KUMAR SHAH S/O- MAHADEV SAH

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SEM- 7TH DEPARTMENT- PHYSICS

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VILLAGE- DOOMDOOMAPATHAR GAON

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DIST- TINSUKIA ASSAM.

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53: DHRUBA JYOTI BORGOHAIN S/O- PRONABBORHOHAIN

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SEM- 3RD DEPARTMENT- POLITICAL SCIENCE VILLAGE- MECHAGARH

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P.S.-NAZIRA DIST- SIVASAGAR ASSAM

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54: KOUSTAVLOYING S/O- UKENLOYING

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SEM- 3RD DEPARTMENT- POLITICAL SCIENCE VILLAGE- BADULIPAR

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DERGAON DIST- GOLAGHAT

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55: PRANTU PRATIM BORA S/O- PROBIN BORAH

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SEM- 3RD DEPARTMENT- MATH VILLAGE- SHANTIPUR DIST- SIVASAGAR

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56: GOBINDA DAS S/O- TIKHESWAR DAS

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SEM- 3RD DEPT- ECONOMICS VILLAGE- DEHING THAN GAON DIST- DIBRUGARH

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57: BRAJA MOHAN DAS S/O- THANESWAR DAS

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SEM- 3RD DEPARTMENT- POLITICAL SCIENCE VILLAGE- SANTIPUR DIST- MORIGAON

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58: DINBODHAR MILI

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S/O- TULAN CHANDRA MILI

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SEM- 3RD DEPARTMENT- ECONOMICS

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VILLAGE- SUMONI GAON DIST- SIVASAGAR

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59: DHURBAJYOTI SAIKIA S/O- MUKUL SAIKIA

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SEM- 3RD DEPARTMENT- CHEMISTRY

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VILLAGE- BALIGAON DIST- LAKHIMPUR ASSAM

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60: GOUTAM SAIKIA S/O- ATUL SAIKIA SEM- 3RD DEPT. ECONOMICS. VILLAGE- BENGENAATI SATRA DIST- MAJUL VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, PIN- 781006 2:THE VICE-CHANCELLOR OF DIBRUGARH UNIVERSITY DIBRUGARH PIN-786004 3:THE REGISTRAR OF DIBRUGARH UNIVERSITY DIBRUGARH PIN-786004 4:THE DEPUTY REGISTRAR OF DIBRUGARH UNIVERSITY DIBRUGARH PIN-786004 5:DEAN OF STUDENT AFFAIRS DIBRUGARH UNIVERSITY DIBRUGARH PIN-786004. 6:THE CHIEF WARDEN OF DIBRUGARH UNIVERSITY DIBRUGARH PIN-78600

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Advocate for the Petitioner : MR. A CHAMUAH, MS A.DAS,MS P.HAZARIKA Advocate for the Respondent : SC, HIGHER EDU, SC, DIB. UNIVERSITY

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR

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05.08.2024 O R D E R

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Heard Mr. A. Chamuah, learned counsel for the petitioners. Also heard Mr. S. Bhuyan, learned Standing Counsel, Higher Education Department, Government of Assam, for respondent No.1 and Mr. R. Mazumdar, learned Standing Counsel, Dibrugarh University, for respondent Nos.2 to 6.

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2. The petitioners before this Court are students of various Departments and Classes studying under the Dibrugarh University and they are the boarders of Padma Nath Gohain Baruah Chatra Niwas (PNGBCN, in short). Being aggrieved with the Notification, dated 26.07.2024, issued by the Deputy Registrar (Administration), Dibrugarh University, they are before this Court assailing the same in the present writ petition.

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3. For a better adjudication of the matter, the Notification, dated 26.07.2004, is reproduced here-in-below:

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“NOTIFICATION

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In pursuance of the decision taken in the Hostel Admission Committee (HAC) held on 21.06.2024, the following arrangements have been made:

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Existing boarders of PNGBCN – B block are shifted to MAHCN.

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Existing boarders of PNGBCN – A, B and C Block, MDCN and boarders of LDCN (CSL and Dept of Education) are shifted to MBCN.

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Existing boarders of LDCN (DUIET, CSPES, CCSA, CJS, CMS, CPA) are

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allotted in same hostel.

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Existing boarders of MAHCN are allotted in same hostel.

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Existing boarders of MBCN are allotted in the same hostel.

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PNGBCN – A, B and C Block is for new boarder under PG Courses.

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GPDCN is for new boarder under UG Courses.

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The process of hostel shifting for existing should be made on or before 4^th August, 2024.”

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4. Mr. Chamuah, learned counsel for the petitioners, submits that the existing boarders of PNGBCN are shifted to MAHCN and MBCN and the PNGBCN – A, B and C Block are being allotted to the new boarders under the PG courses. It is also submitted that the boarders in the PNGBCN have developed some attachment for the said hostel and if they are shifted now, the same would cause a lot of inconvenience as they have to adjust in the new environment. It is also submitted that the Notification, dated 26.07.2024, was issued on a decision taken by the Hostel Admission Committee who have no jurisdiction to take such decision. He, therefore, submits that the petitioners be permitted to continue their Semester in the said PNGBCN particularly when no reasons have been given in the said Notification, dated 26.07.2024 for shifting the petitioners to a different hostel.

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5. Mr. Mazumdar, learned Standing Counsel, Dibrugarh University, on the other hand, has drawn the attention of this Court to the Communication, dated 11.10.2009, issued by the Joint Secretary, University Grants Commission (UGC, in short) and addressed to the Registrars of all the Universities whereby the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 has been circulated. It is submitted that Regulation 6.2(j) provides that freshers shall be lodged, as far as may be, in a separate hostel block and where

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such facilities are not available, the institution shall ensure that access of seniors to accommodation allotted to freshers is strictly monitored by wardens, security guards and other staff of the institution and, therefore, the Dibrugarh University while trying to curb the menace of ragging in the University, issued the Notification dated 26.07.2024 with the sole purpose to have the new boarders in the PNGBCN – A, B and C Block.

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It is also submitted that in the Minutes of the Three Hundred Fifty First (Emergency) Meeting of the Executive Council of the Dibrugarh University, which was held on 23.12.2022, a resolution was passed resolving as follows:-

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“1. Installation of CCTV cameras in the entrances and also in the sensitive areas around the hostels.

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Sudden checks, monitoring and inspections be conducted in the hostels of the University through the Anti Ragging Squad of the University on regular basis.

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The newly admitted students be preferably allotted separate hostels during their first year of academic session.

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Unauthorised occupants, if found in the hostels, be evacuated immediately for which help from police department be taken, if necessary.

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The grievance redressal mechanism of the hostels of the University be strengthened.”

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6. In the said Resolution reproduced here-in-above, he submits that the University authorities took a decision to have the newly admitted students allotted separate hostel from the first year of academic session. He, accordingly, submits that in the impugned Notification, dated 26.07.2024, particularly at Serial No.6, it has been specifically specified that the PNGBCN – A, B and C Block are for new

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boarders under PG courses. The University, therefore, by the said Notification, dated 26.07.2024, is only implementing the Resolution taken in the Three Hundred Fifty First (Emergency) Meeting of the Executive Council held on 23.12.2022 and also to ensure that ragging is curbed in the University in terms of the UGC Regulations that was circulated by Communication, dated 11.10.2009.

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It is also submitted that for the new academic session, the students have been admitted and they have been allotted hostels. However, as the petitioners are refusing to vacate the said PNGBCN, the new students are being accommodated in the University Guest House at night, which is causing untold hardship to the new students and their parents.

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7. After hearing learned counsel for the parties and on perusal of the Notification, dated 26.07.2024, this Court is of the considered opinion that the University authorities have taken a decision to allow the PNGBCN – A, B and C Block for the new boarders under PG courses. This Court has also noticed that the petitioners have not been dislodged from the hostel inasmuch as they have been allowed to shift to different hostels under the Dibrugrah University.

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8. The petitioners, who are students of Dibrugarh University, have no vested right to claim that they should be lodged in a particular hostel of their choice. Further, the Dibrugarh University Hostel Rules, 2015, provides at Rule 7 (e) that normally a boarder will be admitted only for one academic session and may be readmitted subject to some conditions provided therein. Therefore, in the considered opinion of this Court, the petitioners cannot claim, as a matter of right, to be lodged in the said PNGBCN till they complete their academic session. Being students, they are expected to be disciplined and follow the Rules prescribed by the University and, therefore, when the students have been given alternative arrangements particularly with the intention to accommodate students who are

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being newly admitted for the new Semester, this Court sees no reason as to why the said Notification, dated 26.07.2024, issued by the Deputy Registrar (Administration), Dibrugarh University should be interfered with.

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9. Accordingly, this writ petition, being devoid of merit is dismissed.

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10. Learned counsel for the petitioners submits that the students are presently undergoing hunger strikes in the premises of the hostel. Accordingly, despite dismissal of the writ petition, the University authorities are directed to ensure that proper medical treatment are given to the petitioners and an attempt should be made to settle the matter amicably provided, of course, there is cooperation from the petitioners’ side.

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JUDGE

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Comparing Assistant

Jugal Phukan and 59 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Jugal Phukan and 59 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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