WP(C) 977/2010. Gauhati High Court
| Case Number | WP(C) 977/2010 |
| Judgement Date | July 13, 2019 |
| Court | Gauhati High Court |
W P( C) N o. 9 7 7 of 2 0 1 0
BEFORE
HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK
Heard Mr. Tanmay Jyoti Mahanta, learned senior counsel assisted by Mr. B Sarma, learned counsel for the petitioner. Also heard Mr. Tarun Chandra Chutia, learned Standing Counsel, Board of Secondary Education, Assam (SEBA) for respondent Nos. 1 to 3 and Mr. Narayan Sarma, learned Standing Counsel, Education Department for respondent No. 4.
The daughter of the petitioner, Ms. Mrigakshi Sarma appeared in her High School Leaving Certificate Examination, 2009 conducted by the Board of Secondary Education, Assam (SEBA) and obtained 538 marks out of total 600 marks. Being not satisfied with the marks of General Science, English and Social Science obtained by the petitioner’s daughter in her said HSLC Examination 2009, the petitioner by depositing the necessary fees, sought for re-examination of her answer scripts in those three subjects and after such re-assessment made by SEBA, it remained unchanged. Thereafter, the petitioner through RTI obtained the answer scripts of those three subjects and found that in her General Science answer script, she was given 8½ marks less, whereas in her Social Science answer script, she was given 7 marks less which according to the petitioner, his daughter is entitled to.
The contention of the petitioner is that had the SEBA duly checked the answer scripts of his daughter and had given those 8 & ½ marks in her General Science answer script and 7 marks in Social Science answer script, in addition to which she had already obtained, she would have been within the top 20 positions of the merits list of HSLC Examination, 2009.
I t is also contended by the petitioner that he obtained the Memorandum of I nstructions/ Guidelines issued by the SEBA for HSLC Examination, 2009 for each of the subjects and after comparing with the said Instructions of SEBA with regard to General Science and Social Science answer scripts, it is claimed that his daughter is
WP(C) No. 977 of 2010 Page 1 of 5
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entitled for 8 and ½ more marks in General Science and 7 more marks in Social Science.
The respondent SEBA filed its affidavit in the matter and submitted that though instructions and guidelines are issued to the examiners by SEBA to award marks to the answers of the question papers of HSLC Examination, such instructions/ guidelines are issued to its examiners/ scrutinizers so as to award marks according to the performance of the candidates and to be...
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