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2025 DAILYLAW 13409 (GAU)

KAUSTAV SARMA v. THE UNION OF INDIA AND 6 ORS

WP(C)/3031/2025 · 2025-06-10

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010117032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3031/2025 KAUSTAV SARMA S/O SRI SATYABRAT DEV SARMA, R/O J-202 SUBHAM HEIGHTS, NEAR JYOTICHITRABAN, P.O.- KAHILIPARA, DIST- KAMRUP (M), PIN-784019, ASSAM VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY, MINISTRY OF EDUCATION, SHASTRI BHAWAN, DR. RAJENDRA PRASAD ROAD, NEW DELHI-110001 2:THE CHAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION CBSE INTEGRATED OFFICE COMPLEX SECTOR-23 PHASE-1 DWARKA NEW DELHI-110077 3:THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION SHILPAGRAM ROAD NEAR SHANKARDEV KALAKSHETRA PANJABARI GUWAHATI-781037 4:THE SECTION OFFICER (EXAM SECTION) CENTRAL BOARD OF SECONDARY EDUCATION SHILPAGRAM ROAD NEAR SHANKARDEV KALAKSHETRA PANJABARI Page No.# 2/5 GUWAHATI-781037 5:THE SECRETARY DEPARTMENT OF HIGHER EDUCATION ASSAM DISPUR GUWAHATI-6 6:THE DIRECTOR OF HIGHER EDUCATION ASSAM KAHILIPARA GUWAHATI-1 7:THE PRINCIPAL SOUTH POINT SCHOOL BARSAPARA GUWAHATI 21 BARSAPARA ROAD GUWAHATI-78101 Advocate for the Petitioner : MR. M BHAGABATI, M P DAS,MS. B TALUKDAR Advocate for the Respondent : DY.S.G.I., SC, CBSE,SC, HIGHER EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 11.06.2025 Considering the subject matter involved and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion stage itself. 2. The grievance of the petitioner was with regard to an allegation that the Central Board of Secondary Education (hereinafter CBSE) had failed to take appropriate action for declaring the results of Class XII in which the petitioner had appeared from South Point School, Barsapara, Guwahati. As a result, he was not in a position to secure admission in the Degree Course. Page No.# 3/5 3. It has been alleged that there were certain anomalies in uploading the marks secured by the petitioner in the practical component of English Core subject due to which the results were declared to be “compartmental” in the said subject. 4. The petitioner claims that he had indeed appeared in the said practical examination. However, due to an error, he was erroneously marked as absent, which led to the aforementioned anomaly. 5. When this matter was taken up on earlier occasions, namely, on 04.06.2025 and 09.06.2025, it appeared that the contention of the petitioner was substantially correct. 6. I have heard Shri M. Bhagawati, learned counsel for the petitioner. I have also heard Ms. R. Bora, learned Standing Counsel, CBSE as well as Shri S. Das, learned Standing Counsel, Higher Education Department. 7. On the last occasion, i.e., 09.06.2025, Ms. Bora, the learned Standing Counsel, CBSE submitted that the results were declared and uploaded on 13.05.2025 itself whereas the writ petition was filed on 29.05.2025. Accordingly, Shri Bhagawati, the learned counsel was directed to obtain instructions. 8. Shri Bhagawati, the learned counsel has submitted that though the results appeared to have declared on 13.05.2025 showing the petitioner to have passed the examination without any compartmental remarks, the Result Sheet obtained by the petitioner would show that it was signed only on 06.06.2025. The written instructions received by Ms. Bora, the learned Standing Counsel on 07.06.2025 along with a sheet of Marksheet, however, was not a signed Marksheet. It was submitted that the marksheet was made available in DigiLocker. 9. However, the copy of the Marksheet which has been presented today by Page No.# 4/5 the learned counsel for the petitioner, also obtained from the DigiLocker, bears a signature dated 06.06.2025. The said Marksheet also states that the date of result is 13.05.2025. 10. Without going to that aspect of the matter, this Court has been informed by Shri S. Das, the learned Standing Counsel, Higher Education Department that as per written instruction dated 10.06.2025, the issue can be resolved as on the earlier occasion, the corrected marksheet was not available. It is specifically stated in the written instruction that the applicant may contact the concerned Colleges where he has applied and apprised them of the current availability of the marksheets. 11. In view of such unambiguous instructions which is in the written format, this Court is of the opinion that considering the nature of the case which involves the academic future and career of a student, this writ petition is not required to be continued any further. 12. Accordingly, it is directed that the petitioner may approach any College under the Samarth Portal seeking his admission by placing the marksheets presently available to him. It is further directed that such admission be granted on him, provided he meets the requisite cut-off-marks. 13. To facilitate the aforesaid approach, necessary instructions may be furnished by the Director of Higher Education to the concerned College so that the process may be carried out smoothly. 14. The writ petition is accordingly disposed of. 15. The written instruction dated 10.06.2025 is made part of the records. 16. Let a copy of this order be furnished to Shri Das, the learned Standing Counsel to enable the respondents, Director of Higher Education to take Page No.# 5/5 necessary steps for implementation of the order. 17. Since a copy of the written instruction dated 10.06.2025 has also been provided to the learned counsel for the petitioner, copy of the same may be provided by the petitioner to the authorities of the concerned Colleges. JUDGE Comparing Assistant