Gauhati High Court
Urbashi Bora vs The State Of Assam And 3 Ors on 17 February, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010263822017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2151/2017
URBASHI BORA
D/O SRI SURJYA BORA AND RUPA RAJKHOWA BORA, VILLLAGE-
BENGENA KHOWA, P.O. BENGENA KHOWA, P.S. GOLAGHAT, DIST.
GOLAGHAT, ASSAM, PIN-785621
VERSUS
THE STATE OF ASSAM and 3 ORS.
NOTICE THROUGH THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION,
DISPUR, GUWAHATI-6
2:BOARD OF SECONDARY EDUCATION
ASSAM
REPRESENTED BY THE SECRETARY TO THE BOARD OF SECONDARY
EDUCATION
ASSAM
BAMUNIMAIDAM
GUWAHATI-21
3:SECRETARY TO THE BOARD OF SECONDARY EDUCAITON
ASSAM
BAMUNIMAIDAM
GUWAHATI-21
4:THE CONTROLLER OF EXAMINATIONS
BOARD OF SECONDARY EDUCATION
ASSAM
BAMUNIMAIDAM
GUWAHATI-2
Advocate for the Petitioner : MRS.B D SARMA
Advocate for the Respondent : SC, SEBA
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
17-02-2021 Heard Mr. U. K. Das, learned counsel for the petitioner and Mr. SMT Chistie, learned Standing counsel, Secondary Education Department for the respondent No.1. Also heard Mr. T. C. Chutia, learned Standing counsel, SEBA for the respondent Nos. 2 to 4.
Petitioner appeared in the High School Leaving Certificate (HSLC) Examination, 2015 conducted by the SEBA.
From the answer scripts obtained by the petitioner through RTI, it is pointed out before the Court that the answers of Question Nos. 12, 15 and 26 of her Social Science Paper she was deprived of certain marks. Similarly, the petitioner also placed before the Court that answer to Question No.22(b) of her English is correct but she was not awarded any mark for it.
Mr. Das, learned counsel for the petitioner further submits that though certain issues have been raised in this petition regarding discrepancy in awarding marks to her answers but those pertains to discretion of the Examiner and as such, with regard to those issues, he is not pressing.
He also placed before the Court the Text Book of Social Science (Samaj Bigyan) of Class-X published by the Assam State Text Book Production and Publication Corporation Limited, Guwahati being approved by the SEBA and showed that her answers to the Question Nos. 12, 15 and 26 of her Social Science Paper are same as that given in the said Class -X Text Book of Social Science (Samaj Bigyan).
Considering the above, the respondent SEBA is directed to re-evaluate the answers to the Question Nos. 12, 15 and 26 of Social Science (Samaj Bigyan) Paper and answer to the Question No. 22(b) of English Paper of the petitioner's HSLC 2015 Final Examination and shall submit its report on the next date.
Page No.# 3/3 List on 16.03.2021.
A copy of this order be furnished to Mr. D. K. Roy, learned counsel appearing for the respondent SEBA for his necessary use.
JUDGE Comparing Assistant