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2026 DAILYLAW 3300 (GAU)

SMTI ANJALI BASUMATARY AND 17 ORS v. THE UNION OF INDIA AND 5 ORS

WP(C)/775/2026 · 2026-02-11

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/6 GAHC010026682026 2026:GAU-AS:1992 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/775/2026 SMTI ANJALI BASUMATARY AND 17 ORS W/O.- BISAL BASUMATARY, R/O.- VILL.- BATWNPURI, P.O.- GHARCHUK, DIST.- KAMRUP, METRO, ASSAM 2: SMTI MINA RAMCHIARY W/O.- RAHIT CH. BARO R/O. VILL.- ALAGJAR P.O. AND P.S.- BARAMA DIST.- BAKSA ASSAM 3: SMTI ANITA BASUMATARY W/O.- HITEN BASUMATARY R/O.- VILL.- AMBARI P.O. P.S.- MUSHALPUR DIST.- BAKSA ASSAM 4: SMTI GITA SWARGIARY W/O.- RAMAL SWARGIARY R/O.- VILI. - CHAULKARA P.O.- NIKACHI P.S.- MUSHALPUR DIST.- BAKSA ASSAM 5: SMTI JUNU NARZARY W/O. MINISWRANG NARZARY R/O.- VILL.- HIRIMBAPUR P.O.- ODALBAKRA P.S.- DISPUR DIST.- KAMRUP METRO Page No.# 2/6 ASSAM. 6: DIBI BORO W/O.- AJAY BORO R/O.- VILL.- ALAGJAN P.O. AND P.S.- BARAMA DIST.- BAKSA ASSAM 7: MANTU BORO S/O. MAHINDRA BORO R/O.- VILL.- ALOGJAR P.O. AND P.S.- BARAMA DIST.- BAKSA ASSAM 8: SMTI URMILA BRAHMA W/O.- SANDUNG BRAHMA R/O.- VILI.- GOYBARI P.O. AND P.S.- DOTMA DIST.- KOKRAJHAR ASSAM 9: SMTI JACHINA GAYARY W/O.- GANGAR GAYARY R/O.- VILL.- KATHALMURI P.O.- BISHMURI P.S.- KOKRAJHAR DIST.- KOKRAJHAR ASSAM 10: SMTI JUNU DAIMARY W/O.- MAHIDHAR DAIMARY R/O. VILL.- P.O.- LABDANGURI DIST.- BAKSA ASSAM 11: SRI PANKA RAJ BASUMOTARY S/O.- ANANTA RAJ BASUMOTARY R/O.- VILL P.O.- JOYPUR DIST.- CHIRANG ASSAM 12: LABA KUMAR NARZARY S/O.- DODHI RAM NARZARY R/O.- VILL.- MAHANPUR P.O.- BISHMURI DIST.- KOKRAJHAR ASSAM. Page No.# 3/6 13: SMTI MAIDANGSRI BASUMOTARY W/O. PHATIK BASUMOTARY R/O.- VILL. AND P.O.- GARAMDEW DIST.- BAKSA ASSAM 14: SMTI MANJU BASUMOTARY W/O.- JWRWMAI KHUNGUR MOCHAHARY R/O.- VILL.- BHUYAPARA P.O.- RUPAHI DIST.- BAKSA ASSAM 15: SRI GAGAN DAIMARY S/O.- GOPAL DAIMARY R/O.- VILL.- SARAIBAHI P.O.- URAHILAGA DIST.- SONITPUR ASSAM 16: SRI CHUNHUNG UZIR S/O.- PAWAN UZIR R/O.- VILL.- SIMLAGURI P.O.- SALBARI DIST.- BAKSA ASSAM 17: DIPALI BASUMOTARY W/O.- BIPUL BASUMOTARY R/O.- VILL. AND P.O. - SALBARI DIST.- BAKSA ASSAM 18: PRADIP BORO S/O.- DILIP BORO R/O. VILL.- DAKSHIN DIMORIA P.O - DHUBGURI DIST.- KAMRUP (METRO VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF TRIBAL AFFAIRS, SHASTRI BHAWAN, NEW DELHI - 110011 2:THE CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF SECONDARY EDUCATION CBSE SHIKSHA KENDRA- 2 Page No.# 4/6 COMMUNITY CENTRE PREET VIHAR NEW DELHI-110092 3:THE SECRETARY CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) SHIKSHA KENDRA- 2 COMMUNITY CENTRE PREET VIHAR NEW DELHI- 110092. 4:THE DIRECTOR CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REGIONAL OFFICE SHILPAGRAM ROAD NEAR SANKARDEV KALASHETRA PANJABARI GUWAHATI- 37. 5:THE CONTROLLER OF EXAMINATIONS CBSE. REGIONAL OFFICE SHILPAGRAM ROAD NEAR SANKARDEV KALASHETRA PANJABARI GUWAHATI - 37. 6:THE PRINCIPAL EKLAVYA MODEL RESIDENTIAL SCHOOL DALBARI BAKSA ASSAM Advocate for the Petitioner : MR H TALUKDAR, MRS. M DEKA,MR R I BHUYAN Advocate for the Respondent : DY.S.G.I., SC, CBSE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 12.02.2026 Heard Mr. H. Talukdar, learned counsel for the petitioners. Also heard Ms. R. Borah, learned Page No.# 5/6 Standing Counsel, CBSE appearing for the respondents No. 1 to 5. 2. This writ petition is filed by the guardian/parents of the students, 17 in nos., who are studying in Eklavya Model Residential School, Dalbari, Assam. 3. The grievance is against the decision of the respondents CBSE to conduct the examination of Class- X and XII as regard the rotation of examination centre, scheduled to be held from 17.02.2026 at the centre in between the Eklavya Model Residential School, Dalbari and JNV Adalbari, Baksa. 4. It is the contention of the learned counsel for the petitioners that since there was no examination centre within 30 km radius of the residential school, the respondent CBSE, initially, for the convenient of students, allotted a temporary examination centre. Thereafter, the respondent CBSE had identified a permanent examination centre for examination of Class X and XII. 5. This year, the examination centre has been decided to be held in JNV Adalbari, Baksa, to which the petitioners are aggrieved on the ground that the distance between Eklavya Model Residential School, Dalbari, where the students are studying and would be taking their examination and the JNV, Adalbari, Baksa where the examination is scheduled to be conducted are more than 30 kms, which will cause hardship to the students. 6. Learned counsel for the petitioner further submits that such decision is against the norms of the CBSE, that too when a permanent examination centre has already been created at Eklavya Model Residential School, Dalbari. 7. He refers to the order of this Court passed on 14.02.2025 in WP(C) 761/2025 in a similar circumstances for the examination of Class- X and XII – 2025. 8. Perusal of the order dated 14.02.2025 passed by this Court in a similar circumstances for the examination of Class- X and XII for the year 2025 reflects that in view of the submissions of the learned State counsel that the Principal of JNV Adalbari, Baksa made an arrangement for ASTC buses for transportation of students during the examination and as agreed to by the learned counsel for the petitioner that if the ASTC buses are provided for transporting the students, then the grievance of the petitioner is substantially addressed and prayed for disposal of the writ petition. 9. Taking note of the submissions of the learned counsel for the parties, this Court has disposed of the writ petition on the basis of the written instruction where the Principal of JNV Adalbari, Baksa has arranged buses for transporting the students during the examination. 10. Considering the urgency and for the interest of the students, I deem it appropriate to dispose of Page No.# 6/6 the writ petition at the motion stage itself without issuing notice to the respondent No.6 as the same would not cause any prejudice to the respondent No.6. 11. The petition having been filed at the eleventh hour as the examination for Class-X and XII is scheduled to be held on 17.02.2026 and also considering the best interest of the students as well as if the decision of the CBSE to conduct the examination in the JNV, Adalbari, Baksa, Assam is interfered with, same shall upset the entire schedule of the examination of Class X and XII which would not be the interest of the students, I am of the view that a direction be issued to the respondent authorities particularly, both the Principals of Eklavya Model Residential School and JNV, Adalbari, Baksa to arrange buses for transportation of students during the examination of Class X and XII. It is directed, accordingly. 12. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant