One of these dates was October 31, 1966 and another was November 10, 1966.
It is said that the appellant tendered unqualified apology on October 27, 1966 and attended, classes up to the end of October 1966.
He further held that in any case as the seat of the High, Court, was at Gauhati, Mr. Justice Dutta companyld number pass any order as a Judge of the High Court at Sibsagar, which, was number the seat of the High Court.
It was urged that as Mr. Justice, Dutta was holding a Commission of Enquiry he companyld number act as a Judge of the High Court.
It also appears that thereafter the papers relating to the writ petition were sent to Gauhati and the High Court had occasion to deal with the writ petition and passed miscellaneous orders thereon at Gauhati after the vacation was over.
As the examination was to be held from November 4, 1966, the filing of the writ petition against the order of expulsion was undoubtedly a very urgent matter, if any order was to be obtained before November 4, 1966.
Appeal by special leave from the judgment and order dated May 24, 1967 of the Assam and Nagaland High Court in Civil Rule No.
A preliminary objection was raised to the maintainability of the petition on behalf of the respondent.
He observed that I shall companytent myself in assuming that Dutta J. had numberanxiety other than what prompted him to do in the interest of what his Lordship thought to be justice.
It may be mentioned that the High Court was in vacation from September 17, 1966 to November 19, 1966.
It was also stated in the order that if there was any matter which was extremely urgent it would be heard on any other day by appointment through the Registrar.
He was thereupon allowed to sit at the examination subject to the result of the writ petition.
act as a Judge of the High Court, he companyld number exercise that jurisdiction while at Sibsagar for the seat of the High Court was at Gauhati.
A companyy of the interim order was prepared at Sibsagar and given to the appellant to be taken to Gauhati where it was to be sealed.
The learned Chief Justice seems to have held that Mr. Justice Dutta while performing the duties of a Commission of Enquiry companyld number also perform the duties of a Judge of the High Court.
question on November 3, 1966.
that a Judge of the High Court companyld number hold a sitting anywhere in Assam except at the seat of the High Court, namely, Gauhati, and therefore the order passed on November 3, 1966 by Dutta J. was without jurisdiction.
What the appellant is said to have done was this.
It appears that the appellant was expelled from the Medical College, Gauhati on October 26, 1966.
Finally, the learned Chief Justice made certain remarks as to the unholy haste and hurry exhibited in dealing with this matter by Dutta J. at Sibsagar and set aside the order of stay granted by Dutta J. on November 3, 1966 and also set aside the order issuing rule nisi, and dismissed the petition.
It was also urged in the alternative that even if he had the jurisdiction to.
CIVIL APPELATE JURISDICTION Civil Appeal No.
Mr. Justice S. K. Dutta was numberinated as the Vacation Judge for the vacation and certain dates were fixed on which he was to sit and hear urgent civil and criminal appliciations.
Sarjoo Prasad, Barthakur and R. Gopalakrishnan, for the appellant.
But he was of the view.
was heard by a Bench companysisting of the learned Chief Justice and Mr. Justice Goswami.
The appellant took the order to Gauhati and after getting it sealed served it on the university.
Goswami J. did number fully agree with the learned Chief Justice, though, he agreed with the order setting aside the stay granted by Dutta J. and also agreed with.
when he passed the order in.
The petition.
1028 of 1967.
He gave numberice to the Gov ernment Advocate on November 2, 1966 at Gauhati as required by the Rules and thereafter went to Sibsagar where Mr. Justice Dutta was holding the Commission of Enquiry and pre sented the writ petition there.
The present appeal has been brought before us by special leave and it is urged on behalf of the appellant that it was number companyrect to hold that Dutta J. companyld number act as a Judge of the High Court while he was working as a Commission of Enquiry and further that Dutta J. had numberjurisdiction while at Sibsagar to entertain the petition and to pass the stay order.
K. Daphtary, Attorney General and Naunit Lal, for the respondent The Judgment of the Court was delivered by Wanchoo, C. J This is an appeal by special leave against the judgment of the Assam High Court by which the writ petition filed by the appellant was dismissed.
425 of 1966.
the order dismissing the writ petition.
The Principal, however, does number seem to have accepted the apology and when the appellant went on, November 2, 1966, to deposit the fee for the examination which was to be held from November 4, 1966, he was told that as he had been expelled and as the order of expulsion stood numberexamination fee would be accepted from him It was thereafter that the appellant filed the writ petition on November 3, 1966, out of which the present appeal has arisen.
This petition was entertained by Mr. Justice Dutta and be passed interim orders thereon.
Eventually, the writ petition came up for hearing in May 1967.
It appears that Mr. Justice Dutta was also working as a Commission of Enquiry during that time.
For that purpose he had to go out of Gauhati, which is the seat of the High Court.
Brief facts necessary for present purposes are these.
Therefore on November 2, 1966 he was number available at Gauhati, even though he was the Vacation Judge and even though the order relating to vacation sittings said, that if any matter was extremely urgent it companyld be heard on any other day by appointment through the Registrar.
