Gauhati High Court
Page No.# 1/7 vs The State Of Assam And Anr on 9 September, 2021
Page No.# 1/7
GAHC010135732021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4405/2021
MANASH PRATIM DAS AND 29 ORS.
S/O- PRAFULLA DAS.
R/O- BAMUNIMAIDAM
GUWAHATI- 781021
DISTRICT- KAMRUP (M).
2: CHINMOY PATAHK
S/O- BHUPENDRA KR. PATHAK.
SHANKAR NAGAR HOUSE NO. 54
P.O-NOONMATI
GUWAHATI- 781020
DISTRICT- KAMRUP(M).
3: PARTHA SARATHI BORAH
S/O- SRI HARESWAR BORAH.
PUB- SARANIA
NEAR PUB-SARANIA L.P. SCHOOL
P.O.- ULUBARI
DISTRICT- KAMRUP (M)
PIN- 781007.
4: FAIZNUR CHOUDHURY
S/O- MOZNUR CHOUDHURY.
KALGACHIA
DISTRICT-BARPETA
5: JAHNABI GOHAIN
D/O- NRIPEN GOHAIN.
VILLAGE- DAKSHIN CHANGCHAKI
P.O- DAKSHIN CHANGCHAKI
DISTRICT- NAGAON.
Page No.# 2/7
6: JENI AHMED
D/O- JOYNAL ALI AHMED.
R/O- MUKALMUA (SAPKATA)
DISTRICT- NALBARI
7: NILAKHI MALI
D/O- BHABESH CHANDRA MALI.
R/O- JAYANTA NAGAR
NOONMATI
GUWAHATI-781020
DISTRICT- KAMRUP (M).
8: HUSNIARA BEGUM
D/O- HAFIZ MD. SADER ALI.
VILLAGE- GUMAIJHAR
P.O- SIMLABARI.
DISTRICT- GOALPARA
PIN- 783330.
9: DIPA DAS.
D/O- SUKUMAR DAS.
MORIGAON
DISTRICT- MORIGAON.
10: PRASTUTI MALAKAR
D/O- RABIN MALAKAR.
PAKAHAMELA
HAJO
DISTRICT- KAMRUP.
11: PRIYANKA MAZUMDER.
D/O- KRISHNA KANTA MAZUMDER.
R/O- BARPAK
DISTRICT- MORIGAON.
12: AMINUR ISLAM
S/O- RAFIKUL ISLAM
VILLAGE- SIDHABARI
P.O- BAHATI
DISTRICT-GOALPARA.
13: HIRAMONI DAS
D/O- LAKSHYADHAR DAS.
VILLAGE- NARENGAPARA
P.O- SIMLA TARABARI
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DISTRICT-KAMRUP.
14: ANJANA BARMAN
D/O- PABIN BARMAN
VILLAGE- BILLESWAR
P.S- BELSOR
DISTRICT-NALBARI
15: SUMI DEKA
D/O- BHUPEN DEKA
VILLAGE- RAMDIA
P.O- MAJARKURI
DISTRICT-KAMRUP
PIN-781102.
16: TRISHNA MONI BARMAN
D/O- BHUPENDRA BARMAN
VILLAGE- BARTALA
P.S- MUKALMUA
DISTRICT-NALBARI
17: MUAJJAM HUSSAIN
S/O- AKBAR HUSSAIN.
R/O- TAPAR PATHAR
P.O- TAPAR PATHAR
DISTRICT-KAMRUP
PIN-781137.
18: IMRAN NAZIR HASSAN
S/O- ABDUL GOFUR.
VILLAGE AND P.O- KACHUMARA
DISTRICT-BARPETA.
19: HRISHIKESH PATOWARY
S/O- KULENDRA PATOWARY.
R/O- PANJABARI MANGOLANE PATH.
P.O- PANJABARI. GUWAHATI- 781037
DISTRICT-KAMRUP (M)
20: PRITISMITA SARMA
D/O- ACHYUT CHANDRA SARMA
MADHAVDEV NAGAR
MALIGAON
P.S- JALUKBARI
GUWAHATI- 781011
DISTRICT-KAMRUP (M).
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21: HASSAN SHAHID
S/O- ABDUR ROUF.
R/O- HOWLY TOWN.
P.O. AND P.S- HOWLY
PIN-781316
DISTRICT-BARPETA.
22: PALLABI KALITA
D/O- BALORAM KALITA.
CHHAYGAON.
P.S- CHHAYGAON
DISTRICT-KAMRUP.
23: NABANITA KALITA
D/O-JITEN KALITA.
R/O-PALASHBARI.
DISTRICT-KAMRUP.
24: HIMASHRI TAMULY
D/O- PRABHAT CHANDRA TAMULY.
R/O- CHHAYGAON. P.S- BOKO
DISTRICT- KAMRUP.
25: MOJNUR ISLAM
S/O- BAHARUL ISLAM.
VILLAGE- KALATOLI PATHAR
P.O- KALATOLI BAZAR
DISTRICT- KAMRUP
PIN- 781186.
26: HRIDOL RAMCHIARY
S/O- ATUL RAMCHIARY
VILLAGE- LECHERA
P.O- KARDAIGURI
DISTRICT- BARPETA
PIN-781318
27: AMBARISH DUTTA
S/O- DEBANANDA DUTTA.
VILLAGE- KHATGAON.
P.O- BAHADURCHUK.
DISTRICT- LAKHIMPUR
PIN-787031.
28: BIKASH THAKURIA
S/O- NAKUL CH. THAKURIA.
VILLAGE AND P.O- ADABARI
DISTRICT- NALBARI
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ASSAM.
29: PRADYOTI BARDHAN
D/O- ANUKUL BARDHAN
R/O- NO.2 BARJHAR
P.O- BARJHAR BAZAR
DISTRICT-KAMRRUP(M).
30: BHRIGURAJ DEKA
S/O-LATE BIPUL DEKA
VILLAGE AND P.O- CHENGA
DISTRICT- BARPETA
ASSAM
PIN-78130
VERSUS
THE STATE OF ASSAM AND ANR.
REP. SECRETARY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION
DEPTT., DISPUR, GUWAHATI-06.
2:THE CHAIRMAN
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BHUBAN BHUYAN PATH
RAILWAY COLONY
BAMUNIMIDAM
GUWAHATI-781021
Advocate for the Petitioner : MD S HOQUE
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
09.09.2021
Heard Mr. S Hoque, learned counsel for the petitioner. Also heard Mr. SMT
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Chistie, learned counsel for the respondent No.1 being the authorities under the
Secondary Education Department, Government of Assam and Mr. TC Chutia,
learned counsel for the authorities under the Assam Higher Secondary
Education Council (for short, the Council).
2. All the petitioners herein have raised a common grievance that they are not
satisfied with the marks they had obtained in the Higher Secondary Final
examination for the year 2020 and accordingly intended to re-appear in the HS
Final examination for the year 2021. But in the year 2021, because of the
prevailing Covid 19 pandemic situation, the actual examinations were not held
and the students were given marks on the basis of certain principles that were
adopted by the authorities. In such procedure, instead of requiring the
petitioners to re-appear in the examination in the year 2021, they were given
2/3rd enhancement of the marks in their respective subjects. According to the
petitioners their performance would have been better had they been actually
been allowed to appear in the examination rather than by allotting marks by
following the principle of evaluation adopted for the year 2021. In the above
circumstance, the present writ petition is instituted.
3. We are of the view that the grievance raised in this writ petition would be
covered by our judgment and order dated 09.09.2021 passed in
WP(C)No.4400/2021 which was a case of the candidates seeking betterment in
certain subjects rather than re-appearing. Accordingly, all the provisions of
WP(C)No.4400/2021 shall also be applicable for the writ petitioners in the
instant writ petition and they may also file their respective applications to re-
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appear in the subjects in the special examination that will be held for the
purpose within a period of three working days from today and the respondents
shall process the applications as indicated in the WP(C)No.4400/2021.
4. Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
