(1.) This set of writ petitions carry the common. question of law s tinctured on almost identical factual premise. Therefore as agreed to by the learned Counsels appearing for the parties, die above mentioned writ petitions were heard together and I propose to dispose of the writ petition by this common judgment and order. 2. The writ Petitioner Nos. 1 to 4 of Writ Petition (C) No. 403 of 2010 are the candidates who applied for appearing in the High School Leaving Certificate Examination, for short "HSLC Examination", from the Kukurkata High School Leaving/Assam High Madrassa (Independent Venue) Centre, for short "Kukurkjita HSLC/AHM". The writ Petitioner of W.P. (C) No. 632/2010 is the Kukurkata High School Leaving Certificate Examination Centre (Independent Venue) represented by the Officer-in-Charge Shri Abdul Haque. The writ Petitioner Nos. 1 to 3 of W.P. (C) Mo. 233 of 2010 and W.P. (C) No. 231/2010 are two guardian Associations of the candidates appearing in HSLC Private Examination from Kukurkata HSLC Centre, the Presidents and the Secretaries of the said Associations.
(2.) A The Petitioners of W.P. (C) No. 403/ 2010 and the soi is and daughters of Petitioner No. 1 of W.P. (C) No. 231 of 2010 and 233 of 2010 along with others filed their prescribed forms, after paying necessary examination and centre fees for appearing in the High School Leaving Certificate Examination, 2010 and the Assam High Madrassa Examination from "Kukurkata HSLC/AHM Examination Centre (Independent Venue)". The total number of candidates who applied for the said Centre were 1524.
(3.) The Secretary, Board of Secondary Education, Assam issued a show cause notice dated 30th November, 2009 to the Officer-in-Charge, Kukurkata HSLC/AHM Examination Centre (Independent Venue) alleging therein that the Officer-in-Charge aforesaid had submitted forms and statements of 390 candidates as regular candidates and 1126 candidates as private candidates, although out of the said 390 regular candidates, 121 candidates were found not prosecuting studies either in the school of the Officer-in-Charge or in any other feeder schools of the said Centre and that the forms of 12 candidates were sent without any registration number thereby violating the instructions. Rules and Regulations of the Board. It was also alleged, in the said Show Cause Notice, that on scrutiny, it was found that 1126 numbers of candidates, who were recommended as private candidates were not failed students of this Centre, but they were students of 52 other centres, located in different districts of the State and that their applications were forwarded without any permission from the competent authority for such change or transfer. Accordingly, the Officer-in-Charge aforesaid was asked to show cause as to why the said Centre shall not be cancelled declaring the candidates ineligible for appearing in the said Examination. In response to the show-cause notice, the Officer-in-Charge submitted his reply, on 14.12.2009, admitting the lapses alleged against. In the said reply, the Officer-in-Charge assured the Board that such mistake would never be repeated in future and that he would pay the fees of transfer etc. After considering the said reply, the Board, vide Notification dated 5th January, 2010, cancelled the said Examination Centre on the ground of gross irregularities and violation of the Examination Rules in presenting the candidates for appearing in the HSLC/AHM Examination, 2010. In view of the said cancellation of the examination centre, the Board made certain alternative arrangements allowing the candidates to appear in the examination from some other Centres. By the said notification, all the private candidates were asked to pay fine at the rate of Rs. 200/- each. Subsequently, the Board issued another notification dated 7th January, 2010 requiring the Headmasters of (1) Nibari H. School, (2) Habanggiri Anchalik H. School. (3) Bishnu Rabha 11. School, asking them to produce the original admit cards/mark sheets and registration card on 18th January, 2010 in respect of 62 candidates who, though not failed candidates of the institution of the said Officer-in-Charge, were allowed to appear from the said School/Centre without permission for change of centre, for considering their cases for allowing them to sit in the Examination. In the said notification it was mentioned that in the event of failure to produce the said documents, the candidates would be declared as ineligible to appear from the Examination.