Page No.# 1/6 GAHC010120352025 2025:GAU-AS:8161 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3144/2025 MASTER KISHORE DAS REPRESENTED HEREIN BY HIS FATHER AND NATURAL GUARDIAN SRI SANTA DAS, (AGED 52 YEARS), R/O- HOUSE NO.275, LANE NO.1, SWAMIJI ROAD ITKHOLA, WARD NO.24, SILCHAR, CACHAR, ASSAM, PIN-788001. VERSUS 1: THE STATE OF ASSAM AND ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, ASSAM SECRETARIAT, BLOCK -C, 3RD FLOOR, DISPUR, GUWAHATI, DIST.- KAMRUP (METRO), ASSAM, PIN-781006. 2:THE ASSAM STATE SCHOOL EDUCATION BOARD (ASSEB DIVISION 2) REPRESENTED BY ITS CHAIRMAN BAMUNIMAIDAN GUWAHATI DIST.- KAMRUP(M) ASSAM PIN-781021. 3:THE GURUCHARAN COLLEGE SILCHAR REPRESENTED BY ITS PRINCIPAL SILCHAR DIST.- CACHAR ASSAM PIN-788004. 4:THE CONTROLLER OF EXAMINATION ASSEB DIVISION 2 BAMUNIMAIDANGUWAHATI DIST.- KAMRUP(M) ASSAM PIN-781021 Advocate for the Petitioner : MR. A BISWAS, S PAUL,MR P K BASU,MR R KALITA Advocate for the Respondent : SC, HIGHER EDU, SC, G C S - BEFORE - HON'BLE MR. JUSTICE NELSON SAILO Date : 19-06-2025 Heard Mr. A. Biswas, learned counsel for the petitioner. Also heard Mr. S. Bhuyan, learned Standing Counsel, Education (Higher) Department, Page No.# 2/6 appearing for the respondent No.1; Mr. D.K. Roy, learned Standing Counsel, Assam State School Education Board (ASSEB), appearing for the respondent Nos.2 & 4 and Mr. S. Dutta, learned senior counsel, assisted by Ms. S. Mochahari, learned counsel, appearing for the respondent No.3. [2] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at the motion stage itself. [3] Facts of the case have been briefly recorded by this Court on 06.06.2025 and the same is extracted hereunder for brevity:- “Heard Shri A. Biswas, learned counsel for the petitioner. 2. As per the facts projected by the petitioner, who is a minor represented by his natural guardian, he had appeared in the H.S. 2nd Year Final Examination, 2025 conducted by the Assam State School Education Board in the Commerce Stream from the Gurucharan College, Silchar. However, in the Viva segment of the Business Studies subject, he was marked as absent in spite of appearing and doing well. As a consequence thereof, the petitioner was granted “Compartment in Business Studies”, as per the information received by them. 3. The learned counsel has however drawn the attention of this Court to certain exchange of communication including a letter dated 09.05.2025 whereby the College in question has admitted that due to inadvertence, the marks obtained by the petitioner in Viva segment which was 20 was not uploaded. 4. Shri S. Dutta, learned Senior Counsel assisted by Ms. K. Bora, learned counsel, who has appeared on instructions has admitted the said aspect. He has submitted that due to some technical glitch, the marks obtained by the petitioner in the Viva segment could not be uploaded. 5. Also heard Shri S. Bhuyan, learned Standing Counsel for the Higher Education Department. 6. This Court has been made to understand that 19.06.2025 is the last date for Registration to degree course and the petitioner aspires to enroll himself in the B.Com. Course for which he has already applied on-line. 7. In view of the aforesaid facts and circumstances, this Court directs Shri Bhuyan, learned Standing Counsel to obtain instructions Page No.# 3/6 regarding the possible ways to resolve the issue so that the petitioner does not suffer loss of a year. Such instructions may be obtained from inter alia, the Director of Higher Education, Assam. 8. The aforesaid direction has been made in the interest of justice in spite of the fact that the Director of Higher Education is not made a party in the writ petition. 9. Let a copy of this order be served upon Shri Bhuyan, learned Standing Counsel during the course of the day. 10. List this case for motion on 10.06.2025.” [4] Thereafter, when the matter was last listed on 10.06.2025, Mr. S. Bhuyan, learned Standing Counsel, Education (Higher) Department, placed written instructions dated 09.06.2025 before this Court, which is a suggestion that 1(one) seat in the G.C. College for the candidate in question may be kept vacant subject to the outcome of the results. It was accordingly directed that 1(one) seat in the G.C. College be kept vacant. Further, this Court directed the respondent No.2, i.e. the Assam State School Education Board (Division-II) to upload the correct results with an utmost urgency and also directed the College Authorities to take consequential action so that the candidate in question does not lose a year. Accordingly, the matter was directed to be listed on 19.06.2025, i.e. today. [5] Mr. D.K. Roy, learned Standing Counsel, ASSEB, appearing for the respondent Nos.2 & 4, by producing a Notification dated 16.12.2024, which is the Guidelines for Practical and Project Examinations of H.S. Final Examination – 2025, submits that a Standard Operating Procedure (SOP) has been clearly provided by the said Notification, wherein at Clause 10, it is stated that the Head of the Institution and Internal Examiner will jointly enter the marks secured into the Online Portal. Before entering the marks into the Portal, Head of the Institution and Internal Examiner both will cross-verify the role and Page No.# 4/6 number-wise marks carefully. It is to be noted that marks once submitted in the Portal cannot be edited. Printed marks-foil will have to be uploaded in the Portal duly signed by the Internal Examiner, External Examiner and Head of the Institution for completing the process. By further referring to Clause 11, Mr. Roy submits that no separate Online Portal to mark attendance in Practical/ Project Examinations is permissible. The Head of the Institution and the Internal Examiner will mark the candidates as absent in the mark entry Portal for absentee students and once submitted, there will be no scope for editing the status of the candidates. The learned Standing Counsel, therefore, submits that since what was submitted to the respondent No.2 has only been reflected, the petitioner at Serial No.91 having been marked as absent, there is no scope for entering or editing his status in the Portal, in view of the Guidelines provided in this regard. [6] Mr. S. Dutta, learned senior counsel appearing for the respondent No.3, on the other hand, submits that in fact it was purely due to oversight on the part of the College authorities that the petitioner has been marked as absent. He submits that the petitioner had otherwise scored 20 marks in the internal assessment for Business Studies under Roll No.30044. Having noticed the error committed, the College authorities immediately wrote to the respondent No.2 on 09.05.2025 informing the said authority that it was purely due to oversight that the marks obtained by the petitioner was not reflected and that the internal marks may be updated in the official records. [7] On the last occasion, notice dated 03.06.2025 issued by the Director of Higher Education, Assam had been produced before this Court, wherein the timeline for “FYUGP/FYIMP/FYUPGP admission 2025-26 for non-CUET in Page No.# 5/6 Assam through the Assam State Higher Education Portal (SAMARTH)” has been modified and rescheduled. In the chart provided in the said notice, the date for registration and application submission in the SAMARTH Portal for new applicants has been shown as 19.06.2025. Further for spot admission, the dates have been fixed as 20.06.2025; 21.06.2025; 23.06.2025 and 24.06.2025. The 1st Semester classes are due to commence from 01.08.2025. [8] I have considered the submissions made by the learned counsel for the rival parties. [9] From a perusal of the records available, it is seen that it is apparent that it was due to certain administrative shortcomings on the part of the College Authorities that the internal marks obtained by the petitioner in Business Studies had not been furnished, thereby resulting in the marking of the petitioner as absent for the said assessment. The College Authorities have also admitted their shortcomings and had written to the respondent No.2 requesting necessary corrections. On the other hand, learned counsel for the respondent No.2 has referred to the Guidelines for Practical and Project Examinations of H.S. Final Examinations – 2025. It is true that such Guidelines are necessary for effective management of the various roles to be played by those involved in the examination process. However, when certain omission has been made for bona fide reasons, the same cannot be overlooked, particularly when non-rectification of the same would mean that the student concerned would end up losing 1(one) academic year. [10] Having regard to the same, this Court is of the considered view that the omission that has happened requires to be rectified immediately, in view of the timeline which has been provided as per the Notice dated 03.06.2025. Page No.# 6/6 Accordingly, the respondent No.2 is directed to make or upload the marks obtained by the petitioner in the Portal immediately so that the petitioner can take the admission in the subject which he desires to pursue. It is, however, made clear that this order shall not be treated as a precedent. [11] with the above observations and directions, the writ petition stands disposed of. [12] A copy of this order be furnished to Mr. D.K. Roy, learned Standing Counsel, ASSEB, during the course of the day for doing the needful. J U D G E Comparing Assistant