Page No.# 1/5 GAHC010056012025 2025:GAU-AS:4411 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1608/2025 MINAKSHI CHANDA AND 9 ORS. D/O- MANINDRA CHANDA, VILL AND P.O MARJATKANDI, VTC, MAJATKANDI, P.O.- MARJATKANDI, SUB DIST- BADARPUR, DIST- SRIBHUMI, ASSAM, PIN- 788701 2: IMDADUR RAHMAN S/O NEJAM UDDIN VILL - AMALAGAON P.O.- BARAIGRAM VTC BARAIGRAM P.O.- BRAIGRAM SUB DIST- NILAM BAZAR DIST- SRIBHUMI ASSAM PIN-788723 3: WALI ULLAH S/O MAYUR UDDIN VILL- KHUDRAKANDI P.O.- KALIGAON BAZAR KHUDRAKANDI DIST- SRIBHUMI ASSAM PIN-788720 4: HAFIZA BEGUM D/O ABDUS SALAM VILL- WEST HAFANIA P.O.- KANAIBAZAR PATHARKANDI DIST- SRIBHUMI ASSAM PIN-788724 Page No.# 2/5 5: BEGUM TAMANNA FERDOUS D/O TAZAMUL ALI PACHIM BARUALA RAMKRISHNA NAGAR DIST- SRIBHUMI ASSAM PIN-788734 6: TAHMINA PARVEEN D/O TAJ UDDIN WARD NO. 13 VTC BANAMALI P.O.- BANAMALI SUB DIST- SRIBHUMI SRIBHUMI ASSAM PIN-788710 7: SULTANA NASRIN D/O ABDUS SALAM VILL- WEST KANISHAIL VTC KANISHAIL PT-II P.O.- KANISHAIL SUB DIST- SRIBHUMI SRIBHUMI ASSAM PIN-788711 8: MD. SADIQUR RAHMAN S/O MD. FIRUZUR RAHMAN VILL- GHURAKUNA P.O.- JAGANNATHI VTC- SERULBHAG SUB DIST- SRIBHUMI SRIBHUMI ASSAM PIN-788709 9: YEASMIN BEGUM D/O FAIZUL ISLAM VILL- BANGLATILLA VTC- LAKHIPUR P.O.- KANAIBAZAR SUB DIST- PATHARKANDI SRIBHUMI ASSAM Page No.# 3/5 PIN-788724 10: LAILA BEGUM RAFIQUE AHMED GUASPUR P.O.- JANAKALYAN BAZAR VTC FATEHPUR SUB DIST- NILAMBAZAR SRIBHUMI ASSAM PIN-78872 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HIGHER EDUCATION DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN- 781006 2:THEE COMMISSIONER SECRETARY GOVERNMENT OF ASSAM HIGHER EDUCATION DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006 3:THE DIRECTOR OF THE HIGHER EDUCATION DEPARTMENT KAHILIPARA GUWAHATI ASSAM PIN-781019 4:THE ASSAM HIGHER SECONDARY EDUCATION COUNCIL BAMUNIMAIDAM GUWAHATI ASSAM PIN-78102 Advocate for the Petitioner : MR. A S TAPADER, MR M AHMED Advocate for the Respondent : SC, HIGHER EDU, Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 09.04.2025 Heard Mr. A. S. Tapadar, learned counsel for the petitioners. Also heard Mr. A. R. Tahbildar, learned Standing Counsel for the Higher Education Department. 2. The petitioners’ counsel submits that the petitioners have successfully cleared the Assam Higher Secondary Education Council Examination (AHSEC). He submits that the petitioners have secured the required percentage in the examination, for getting the benefits provided for the Dr. B. K. Kakati Merit Award under the Pragyan Bharati Scheme, as provided in the OM No. Ecf.No.240742/2024/160 dated 16.07.2024, issued by the Secretary to the Government of Assam, Higher Education Department. 3. The petitioners’ counsel submits that the petitioners, having secured the required percentage of marks for girls and boys, they cannot be denied the benefit of Pragyan Bharati Scheme, in terms of the OM dated 16.07.2024. He submits that the present writ petition can be disposed of, if a direction is issued to the respondent Nos. 2 & 3, to take a decision as to whether the petitioners are eligible to be given the benefits of the Dr. B. K. Kakati Merit Award under the Pragyan Bharati Scheme, in terms of the OM dated 16.07.2024. 4. Mr. A. R. Tahbildar, learned counsel for the Higher Education Department submits that he does not have any objection to the prayer made by the petitioner’s counsel. Page No.# 5/5 5. On considering the issue raised in this writ petition, this Court is of the view that the issue as to whether the petitioners are entitled to the benefits of Dr. B. K. Kakati Merit Award under the Pragyan Bharati Scheme, in terms of the OM dated 16.07.2024, can be decided by the respondent Nos. 2 & 3. Accordingly, the petitioners are directed to submit a fresh representation to the respondent Nos. 2 & 3, with regard to the claim for being granted the benefits under the OM dated 16.07.2024 along with all relevant documents. Thereafter, the respondent Nos. 2 & 3 shall take a decision with regard to whether the petitioners are eligible to be granted the benefits of the Dr. B. K. Kakati Merit Award under the Pragyan Bharati Scheme, in terms of the OM dated 16.07.2024. If the respondent Nos. 2 & 3 are of the view that the petitioners are entitled to be given the benefits of the Pragyan Bharati Scheme, in terms of the OM dated 16.07.2024, the same should be given to the petitioners. The entire exercise should be concluded within a period of three months, from the date of receipt of the petitioners’ individual representations, which should be accompanied by a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant