The Gauhati High Court on Monday granted bail to Mahbubul Hoque, chancellor of the University of Science and Technology Meghalaya (USTM), in an examination-related malpractice case because his arrest “violated” constitutional provisions.
Hoque is currently in judicial custody in Sribhumi district. He can walk out of custody only if he gets bail in a related case coming up for hearing on Tuesday.
In the bail order issued on Monday, Justice Parthivjyoti Saikia said: “This Court is of the opinion that at the time of arrest of the petitioner, the provisions of law as laid down in Sections 47 and 48 of the BNSS, 2023 were not complied with.”
“In this way, the arrest of the petitioner also violated the constitutional provisions....Therefore, the bail application of the petitioner is allowed,” the ruling said.
Hoque, arrested in connection with case No.54/2025 registered by the Patherkandi police in Sribhumi district on February 21, shall be released on bail of ₹30,000 with a surety of like amount to the satisfaction of the learned chief judicial magistrate, Sribhumi (erstwhileKarimganj), the order said.
According to the bail order, the FIR alleged that 214 students of the 274 who had appeared for the Physics Paper of Class XII CBSE final examination that day at the Central Public School, Patharkandi, an institution run by the Guwahati-based E.R.D. Foundatation, “had created law & order problem on the day of the examination”. The ERD was founded by Hoque.
The students contended “they were promised” during their admission, “that at the time of examination, the invigilators would help them in writing the Class XII examination. But the 214 students did not get the promised help from the invigilators”.