PAWAN KUMAR GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution of India, the petitioners pray for issuance of Writ in the nature of Certiorari and any other appropriate writ or direction for quashing and setting aside the order dated 1. 10. 2008 passed by the Respondent No. 4, the Secretary, Board of Secondary Education, Assam, Guwahati (hereinafter referred to as "board" only) cancelling the examination of the wards of the petitioners who appeared in the High School Leaving Certificate Examination 2008.

(2.) THE brief facts for the purpose of disposal of this petition are narrated below:- The wards of the petitioners were prosecuting their studies in the M. D. G. Vidya Mandir in Nagaon District, Respondent No. 8, which is a recognized High School under the Board, Respondent No. 2. Being regular students, the petitioners appeared in the H. S. L. C. Examination conducted in the month of February, 2008 by the respondent No. 2 who issued the admit cards under the signature of the Controller of Examination, Board of Secondary Education, Assam, respondent No. 5. The following are the names of students with fathers name and Roll No.

(3.) ACCORDINGLY , the Principal of the respondent No. 8's School along with the petitioners and their wards met the respondent No. 6 on 2. 06. 2008. Thereupon, the respondent No. 6 took written test of 4 students and allowed them to go. Thereafter, the Principal of the said School met the respondent No. 6 and requested him to declare the withheld result of the students but without declaring the results, he asked him to bring the officer-in-charge of the examination centre and all the invigilators on duty in the examination centre on 18. 02. 2008. The respondent No. 8 thereupon requested the respondent No. 7 and the invigilators to meet the respondent No. 6 but the respondent No. 7 declined to do so as there was no official communication from the respondent No. 6 and addressed a letter dated 3. 06. 2008 to the respondent No. 3, Chairman of the Board, clarifying the position. However, on the request of the Principal of respondent No. 8's school and keeping in view of the future of the students, 3 invigilators namely, Sri Kalpa Nath Gogoi, Sri Jiban Baruah and Sri K. Basumatary appeared before the respondent No. 6 on 4. 06. 2008 and clarified the position. Inspite of that the respondent Nos. 2 to 6 did not inform the Principal of the School nor the petitioners about the reasons of withholding the result. Thereafter, the Principal of the School submitted a representation on 10. 06. 2008 before the Chairman of the Board requesting him to declare the result and release the marks sheets in respect of the aforesaid students so as to enable them to get admission and pursue their further studies but to no effect.