Page No.# 1/8 GAHC010194162024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4983/2024 GOPAL BHOWMIK AND 9 ORS. S/O- LATE SUDHIR BHOWMIK, R/O- KARIMGANJ TOWN, BHAIRABTALA, P.O. SILCHAR ROAD, DIST. KARIMGANJ, ASSAM, PIN- 788713. 2: SWAPAN PAUL S/O- LATE HARENDRA CHANDRA PAUL R/O- VILL.- EAST KANISHAIL P.O. KANISHAIL DIST. KARIMGANJ ASSAM PIN- 788711. 3: ABDUL KARIM TAPADAR S/O- LATE ASHAID ALI TAPADAR R/O- VILL.- NAIRGRAM P.O. NAIRGRAM DIST. KARIMGANJ ASSAM PIN- 788713. 4: ABDUS SALAM S/O- LATE ISHAQUE ALI R/O- VILL.- MOBARAKPUR P.O. SILCHAR ROAD DIST. KARIMGANJ ASSAM PIN- 788713. 5: ABDUL AHAD S/O- LATE ABDUS SAMAD R/O- VILL.- WEST KANISHAIL P.O. KANISHAIL DIST. KARIMGANJ ASSAM PIN- 788711. Page No.# 2/8 6: LUCKY DAS W/O- PINAK DAS R/O- KARIMGANJ TOWN LAXMI CHARAN ROAD P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 7: RUMA BHOWMIK W/O- GOPAL BHOWMIK R/O- KARIMGANJ TOWN BHAIRABTALA P.O. SILCHAR ROAD DIST. KARIMGANJ ASSAM PIN- 788713. 8: HIFZUR RAHMAN S/O- LATE ABDUL MUTLIB R/O- VILL.- SAYABASHANA P.O. KALIGANJ BAZAR DIST. KARIMGANJ ASSAM PIN- 788713. 9: NIZAM UDDIN S/O- LATE MAHMAD ALI R/O- VILL.- MIRZAPUR P.O. MIRZAPUR DIST. KARIMGANJ ASSAM PIN- 788710. 10: KHUDEJA BEGUM D/O- LATE HUNAF ALI R/O- VILL.- BHATGRAM P.O. SILCHAR ROAD DIST. KARIMGANJ ASSAM PIN- 788713 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SCHOOL EDUCATION, DISPUR, GUWAHATI-06. Page No.# 3/8 2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19. 3:THE STATE LEVEL SCRUTINY COMMITTEE REPRESENTED BY ITS CHAIRMAN DIRECTOR OF SECONDARY EDUCATION ASSAM 4:THE INSPECTOR OF SCHOOLS KDC KARIMGANJ P.O. AND DIST. KARIMGANJ ASSAM PIN- 788710. 5:BOARD OF SECONDARY EDUCATION ASSAM (SEBA) REPRESENTED BY ITS SECRETARY GHY-781021 DIST. KAMRUP(M) ASSA Advocate for the Petitioner : MR. M KHAN, MR A K DAS,MS J AKTAR Advocate for the Respondent : GA, ASSAM, SC, SEC. EDU.,SC, SEBA BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 19.02.2025 Heard Mr. M. Khan, learned counsel for the petitioners; Ms. P. Das, learned standing counsel for the respondent Nos. 1 – 4; and Mr. D.K. Roy, learned standing counsel for the respondent No. 5. 2. In this petition, under Article 226 of the Constitution of India, the petitioners have prayed for issuing direction to the respondent authorities, more particularly the respondent No. 5, to provide the accurate particulars/informations to the petitioners as well as to other respondents in respect of Indira Memorial Girls High Page No.# 4/8 School, with regard to the numbers of applied candidate, numbers of appeared candidate, numbers of absent candidate as well as the percentage of passed out candidates in HSLC examination for the year 2014. 3. Mr. Khan, learned counsel for the petitioners submits that the petitioners are the teaching and non-teaching staffs of Indira Memorial Girls High School, Karimganj, which is a venture institution and that a proposal was submitted before the respondent authorities for provincialization of their services under the Assam Education (Provincialization Services of Teachers and Re-Organization of Educational Institutions) Act, 2017 (‘the Act 2017’, for short). Thereafter, the District Scrutiny Committee (‘DSC’, for short) recommended their names for provincialization. But, the State Level Scrutiny Committee (‘SLSC’, for short) did not recommend their names on the ground of non-fulfillment of provision of Section 3(vi) of the Act 2017, which provides that there must be at-least 30% of the appearing candidates in the final examination should be passed out in the last three consecutive examinations. Mr. Khan further submits that on scrutiny, the respondent authorities have found that 30% of the appeared candidates passed in the years 2015 and 2016, but the percentage of passed out candidates for the year 2014 is less than 30%. Mr. Khan further submits that in the year 2014, the number of total candidates applied for was 56 and out of which, 54 candidates appeared in the examination and 16 numbers of candidate passed out and as such, the percentage of passed out candidates is 29.629%, which may be rounded of to 30%. But, the respondent No. 5 had given wrong information stating that 56 numbers of candidate appeared in the examination instead of 54 numbers of candidate. Mr. Khan further submits that though the DSC on various occasions had asked to clarify the number of candidates applied for and numbers of candidates appeared in the examination, no clarification has been given except the information of number of candidates applied for, based on which the claim of provincialization was rejected and being aggrieved, the petitioners have approached this court by filing the present petition for granting the aforesaid relief. Page No.# 5/8 4. On the other hand, Mr. Roy, learned standing counsel for the respondent No. 5 submits that on the basis of the letter of the Director of Secondary Education, Assam dated 12.01.2023, addressed to the Secretary of Board of Secondary Education, Assam regarding enrolment & number of students appeared in the HSLC Examination in the year 2014, 2015 & 2016 in respect of Indira Memorial Girls High School, the Secretary of Board of Secondary Education has provided the requisite information that the number of candidates for the year 2014 is 56 and numbers of candidate passed is 16; the numbers of candidates for the year 2015 is 51 and numbers of candidate passed is 25; and the numbers of candidates for the year 2016 is 74 and numbers of candidate passed is 29. Mr. Mr. Roy referring to the affidavit-in- opposition of respondent No. 5 submits that a stand has been taken at Paragraph No. 4 that the percentage in the HSLC Examination of a particular school is calculated on the basis of the Admit Card issued against the candidates applied for the examination in that particular year and as per record of the board, it is found that the Indira Memorial Girls High School, Karimganj had enrolled a total of 56 numbers of student in the HSLC Examination, 2014 and out of which only 16 numbers of candidate were passed and the said information was furnished as per instruction and guidelines issued by the Government of Assam while provincialisating of schools. As such, Mr. Roy submits that there is no merit in this petition and therefore, the same may be dismissed. 4.1. However, as per direction of this court Mr. Roy has obtained instruction and apprised this court that the percentage of passed out candidates are calculated on the basis of number of candidates appeared in the examination. 5. Whereas, Ms. Das, learned standing counsel for the respondent Nos. 1 – 4 submits that due to non-fulfillment of statutory requirement of the provision of Section 3(vi) of the Act 2017, the school of the petitioner could not be provincialized under the Act 2017 and therefore, vide speaking order dated 30.04.2024, the claim of the petitioner was not considered. Ms. Das further submits that as per Section 3(vi) of the Page No.# 6/8 Act 2017, the percentage of passed out candidates should be 30% and in the case of the petitioners’ school, the percentage of passed out candidates for the year 2014 in HSLC Examination was 28.57%. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the provision of Section 3(vi) of the Act 2017 and the affidavits-in- opposition filed by the respondents. 7. The provision of Section 3(vi) of the Act 2017 reads as under:- “3 (vi) In case of a Venture High School or a Venture Higher Secondary School or a Venture Junior College or a Venture Degree College, the concerned Venture Educational Institution must have a consistent good academic performance which would mean that at least 30% of the candidates appearing for the final examination as a whole must have passed in the last three consecutive examinations held during previous three consecutive years prior to the date of coming into force of this Act.” 7.1. From a cursory perusal of the aforementioned provision, it appears that 30% of the pass candidate has to be calculated on the basis of the number of candidates appearing in the final examination not on the basis of the number of candidates applied for the final examination. 8. In the instant case, pursuant to the letter dated 12.01.2023, Annexure No. 4, the information furnished by the respondent No. 5 in respect of Indira Memorial Girls High School, Karimganj in HSLC Examination for the year 2014 to 2014 is indicated as under:- Page No.# 7/8 9. It appears from the above chart that the number of candidates is shown as 56. But, there is no indication as to whether all the 56 candidates appeared in the final examination or not. Mr. Khan, learned counsel for the petitioners referring to Page Nos. 22 & 23 of the petition submits that though in the HSLC Examination 2014, all total 56 candidates had applied for, only 54 candidates appeared in the examination and as such, the percentage of passed out candidates has to be calculated on the basis of candidates appeared in the examination and if the calculation is made on the basis of number of candidates appeared, then the percentage of passed out candidates would be almost 30%. As such, there appears to be substance in the submission of Mr. Khan, learned counsel for the petitioners. 10. Thus, taking note of the provision of Section 3(vi) of the Act 2017 as well as the Page Nos. 22 & 23 of the petition and also considering the submissions of learned standing counsel for the respondent authorities, this court is inclined to dispose of this petition by directing the respondent No. 5 to furnish accurate information to the other State respondents in respect of number of candidates applied for and numbers of candidate appeared as well as the percentage of passed out candidates of Indira Memorial Girls High School, Karimganj in the final examination of 2014, strictly in accordance with the provision of Section 3(vi) of the Act 2017, i.e. the passed out candidates has to be calculated on the basis of number of candidates appeared in the HSLC Examination for the year 2014. School Year of HSLC Exam Number of Candidates Number of Candidates Passed Indira Memorial Girls’ High School, Karimganj (Code:16H0633) 2014 56 16 2015 51 25 2016 74 29 Page No.# 8/8 11. The aforementioned exercise has to be carried out within a period of 1 (one) month from the date of receipt of the certified copy of this order. 12. The petitioners are directed to obtain a certified copy of this order and to place the same before the respondent No. 5 within a period of 1 (one) week from today. JUDGE Comparing Assistant