Gauhati High Court Dismisses Case Against LLB Student, Imposes Fine As Deterrent: "Apology & Rs. 10k Payment To Student Welfare Fund"

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The Gauhati High Court cancelled disciplinary notices issued to an LLB student for allegedly protesting against college authorities. The court found the actions against the student unfair and ordered the institution to pay Rs. 10,000 as a penalty. The judgment highlights the need to protect students’ right to express their concerns. It sends a clear message against suppressing dissent in educational institutions.

The Gauhati High Court cancelled disciplinary notices issued to a law student at Tezpur Law College, while imposing a cost of Rs.10,000 as a “deterrent.”

The Court also mandated that the student (respondent) provide an unconditional written apology to the college authorities, which must be published in two widely circulated newspapers in the area one in English and the other in a vernacular language.

A Single Bench led by Justice Robin Phukan instructed the student,

“Tender a written apology to the applicant/respondent No. 9 and publish it in two widely circulated newspapers in that locality, one in English and the other in vernacular. Additionally, he must pay a sum of Rs.10,000 (Rupees ten thousand) as costs, which should be deposited in the Student Welfare Fund of Tezpur Law College. If such a fund is not available, the amount should be deposited in the office of the District Legal Services Authority, Tezpur, within one month.”

Senior Advocate K.N. Choudhury represented the petitioner, while Advocate P.R. Sarma appeared for the respondents. The college alleged that a group of students, including the respondent, had organized a protest against the college authorities, prompting the issuance of show-cause notices.

However, the college deemed the student’s response to the show-cause notice unsatisfactory and initiated disciplinary action. This included restrictions such as denial of access to classes and examinations for the fifth semester of the LL.B. program, prohibition from attending events on college premises, and automatic vacation of his selection to the Tezpur Law College Students’ Union for 2024–2025.

The student filed a Writ Petition seeking to quash the college’s notice. The Court granted an interim stay on the restrictions, allowing the student to attend classes and exams. During the final hearing, the Principal-In-Charge of the Law College contended that, as a private institution, it was not subject to writ jurisdiction under Article 226 of the Constitution.

However, the student argued that since the college was affiliated with Gauhati University, it should be considered a State under Article 12 of the Constitution.

The High Court ultimately set aside the college’s notice against the student.

In determining the cost, the Bench noted,

“This Court has considered the submissions of learned Advocates for both parties and the background facts leading to the initiation of disciplinary action against the respondent No. 1/petitioner. Taking all circumstances into account, this Court believes that the quantum of cost must have some deterrent effect and is necessary to maintain discipline among unruly students. Accordingly, a sum of Rs.10,000 will be justified and reasonable in this case.”

The petitioner represented by Senior Advocate K.N. Choudhury, along with Advocates N. Mahanta, D.J. Das, R.M. Deka, and N. Gautam, while the respondents were represented by Advocate P.R. Sarma and Standing Counsel P.J. Phukan.