Gauhati High Court sets aside notice issued by BRM Law College

Gauhati High Court sets aside notice issued by BRM Law College
Two students declared as non-collegiate for one day's delay in paying admission fees STAFF REPORTER GUWAHATI: The Gauhati High Court has set aside the notice issued by BRM Law College declaring two students 'non-collegiate' for a delay of one day in paying their admission fees. The court further allowed them to appear for the third year 5th semester exam. Kalyan Buragohain and Robiul Hussain – two students of the three years LL.
B. course in the BRM Government Law College– had filed a writ petition in the court (WP(C)/570/2023). They are pursuing their 5th semester in that course.
Both students had deposited their admission fee on 31. 10. 2022 whereas the last date to deposit the same after the extension was 29.
10. 2022. The Principal of the college vide a notice dated 22.
12. 2022 had categorised the petitioners as 'non-collegiate'. Further, by the impugned notice dated 28.
12. 2022, the petitioners were not allowed to fill the examination forms for the end semester examination. The petitioners stated that they are from families whose financial conditions are not that sound for which they failed to deposit the requisite admission fee for their 3 year LL.
B 5th semester for the session 2022-23 on 29. 10. 2022.
However, on collecting the requisite amount, both the petitioners on 31. 10. 2022 duly deposited the requisite admission fee for the 3 year LL.
B. course for the academic session 2022-23 in the bank account of college. They further stated that they submitted representation before the Principal of the BRM Government Law College to accept their admission for the session 2022-23, stating that they had deposited the requisite admission fee in the bank account of college on 31.
10. 2022, requesting the authority of the college to allow them to take admission in the 5th semester 3 Year LL. B.
course for the session 2022-23. Since the respondent authorities did not give any heed to their request, the petitioners filed this writ petition to direct the authorities of BRM Government Law College to take regular admission of the petitioners into 3 year LL. B 5th Semester for the session 2022-23 in that college, to revoke the non-collegiate status of the petitioners and to allow them to take regular classes and to set aside and quash the notice dated 28.
12. 2022 issued by the authorities of the BRM Government Law College denying them to fill up examination forms for the end semester examination, 2022. The counsel for the Higher Education Department, Government of Assam , contended that the petitioners had not submitted any applications requesting the authorities concerned to grant some more time enabling them to deposit their admission fee for the session 2022-23.
He submitted that had any such applications been received by the college authorities, they would have been considered. Justice Manash Ranjan Pathak observed that there was only one day delay in depositing the admission fee by the students which cannot be considered as deliberate. "Considering that 29.
10. 2022 was the last date of payment of admission fee for the session 2022-23 as fixed by said college, 30. 10.
2022 being Sunday and that they deposited the requisite amount in favour of said college for their admission for the session 2022-23 on 31. 10. 2022, it is found that there was a delay of only one day on the part of the petitioners to deposit their admission fee for that session in said college, which cannot be considered as deliberate; whereas the authorities of said BRM Government Law College only on 22.
12. 2022, after 54 days from 29. 10.
2022 issued the impugned notice notifying that the petitioners did not take admission in the 3 years LL. B. 5th semester course for the session 2022-23.
" "The Court is also aware of the fact that for not depositing their admission fee for the session 2022-23 by 29. 10. 2022, i.
e. , on the notified last date of depositing such fee, the respondent college authority made the petitioners Non-collegiate without considering the delay of one day, noted above and that the college authority barred them from filling up of their examination forms for their ensuing 3 year LL. B.
End Semester Examination, 2022 for which the petitioners are going to lose their valuable academic year. " In this background, the court condoned the delay of one day with regard to depositing of the admission fee for the session 2022-23 and set aside the impugned notice. The court order stated, "Consequently, categorizing the petitioners as Non-collegiate for not depositing admission fee by 29.
10. 2022 towards their admission in 3 Year LL. B.
5th semester for the session 2022-23 in said college is also set aside and quashed. As a result the respondent authorities shall allow the petitioners to take up the 3 Year LL. B 5th semester examination.
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