BISTIRNA HAZARIKA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The petitioners are students, who had appeared in the H.S. Final examination in the year 2020 conducted by the Assam Higher Secondary Education Council. Although they had cleared the H.S. Final examination 2020 but they were not satisfied with the marks they had secured in the said examination. Aspiring to obtain better marks in the respective subjects so as to make them eligible for higher studies in various institutions in the country, they had opted to appear for "Betterment examination" for the year 2021 conducted by the Assam Higher Secondary Education Council. But, because of the COVID-19 pandemic situation which was prevailing in the country including the State at the relevant point in time, the department of Education, Government of Assam decided not to hold the Higher Secondary Final Examination for the year 2021. Instead a notification dtd. 1/7/2021 was issued by the department laying down the manner in which marks are to be allotted to the students under various categories who were scheduled to appear in the Higher Secondary Final examination, 2021. The petitioners were aggrieved by the process for allotment of marks as notified in the notification dtd. 1/7/2021. They represented before the department before the Chairman, Assam Higher Secondary Counsel on 10/7/2021 requesting for adoption of justified marking assessment process so that petitioners are able to obtain better marks in the subjects which they had opted for in the "Betterment examination". Their representation remained unattended and the results of the H.S. Final examination, 2021 were declared on 31/7/2021. According to the petitioners because of the faulty evaluation process and allotment of marks, the petitioners got very few marks in the subject in which they had appeared for in the "Better Examination". The petitioners, therefore, approached this Court by filing the instant writ petition. By the impugned Order dtd. 9/9/2021, the writ petition was disposed of without granting the relief prayed for.

(2.) Being aggrieved the present appeal has been filed by the petitioners assailing the order dtd. 9/9/2021 passed by the learned Single Judge in WP(C)/4400/2021 and WP(C)/4405/2021.

(3.) The learned Senior counsel, Mr. K.N. Choudhury assisted by Ms. R. Pr. Kakati urged before this Court that the entire process adopted by the Assam High Secondary Education Council as notified by the notification dtd. 1/7/2021, is faulty and has not treated the appellants at par with the other examinees appearing under other categories although they were similarly situated, being not able to appear in the H.S. Final examination, 2021 due to COVID-19 situation. The learned senior counsel urged that the appellants ought to have been evaluated at par with the failed/repeat category students. It is urged that the appellants did not fail in the earlier examination but have only sought to improve their marks in certain subjects. However, because of different methods of evaluation adopted by the H.S Council as notified vide the guideline dtd. 1/7/2021, the hopes and aspirations of the appellants that they would be able to improve upon the marks have been totally lost. Such adoption of different methods of evaluation for students who are similarly placed are discriminately and arbitrary. The learned senior counsel urged that the special examination for 2021 although announced was not held as per schedule and this had left the student community more particularly the appellants in quandary. Had the appellants undertaken the special examination, then also the declaration of results would have taken sometime and as a consequence thereof the petitioners would have lost their opportunity of getting admitted in an institution of their choice. The learned senior counsel urged that for no fault of theirs, the appellants are not been treated at par with their peers because of the peculiar manner of allocation of marks. Such a disadvantage have been caused to the appellants as compared to their peers although they did not fail in any of the subjects but are merely seeking to enhance the marks which they had obtained earlier. The learned senior counsel submits that this aspect of the matter was not taken into consideration by the learned Single Judge and the writ petition was disposed of on the submissions made by the counsel for the department that if the candidates (the appellants herein) who are intending to appear for the betterment in respect of the examination held in the year 2020, can also appear in the special examination, if the petitioners submit their application within a period of 3 (three) days, the council will accept the same and issue Admit Cards permitting the petitioners to appear in the special examination for the purpose of the betterment of the respective subjects.