WP(C) 6034/2006 BEFORE THE HON’BLE MR JUSTICE T.N.K. SINGH Heard Mr. D.R. Gogoi, learned counsel appearing for the petitioners , Mr T Islam, learned Standing counsel appearing for the respondent Nos 1,2 and 4 a nd Mr. T.C. Chutia, learned counsel for the Respondent No.6. By this writ petition, seven petitioners in number praying for a writ in the nature of mandamus and/or any other direction asking the respondents to decl are the results of the pre final examination, 2006 and permit them to appear th e H.S.L.C. Examination, 2007. The facts of the petitioners’ case are very short and simple. The peti tioners who are eligible for appearing the pre final examination for the academi c session 2006 appeared before the pre final examination, 2006 conducted by th e Dibrugarh District Academic Council for the selecting the students or for all owing them to seat in the ensuing H.S.L.C. Examination, 2007. It is stated that the said pre final examination 2006 conducted by the Dibrugarh District Academi c Council was held from 3.11.06 to 13.11.06. It is stated that the results of t he pre final examination ,2006 conducted by the Dibrugarh District Academic Coun cil held from 3.11.06 to 13.11.06 was declared on 25.11.06. In the result sheets published on 25.11.06, the names of the petitioner s are included neither as failed candidate nor as successful candidate. Being aggrieved by the manner in which the Dibrugarh District Academic Council conduc ted the said pre final examination 2006 and also the non declaration of the resu lts of the said examination, so far as the petitioners are concerned in the sai d results published on 25.11.06. As ordered by this court, the answer scripts of the petitioners for the said pre final examination of 2006 conducted by the Dibrugarh District Academic Council were produced by the respondent No.4 i.e Inspector of Schools, Dibrugar h District Academic Council, Dibrugarh before this Court for perusal. It is also the admitted case of all the learned counsels for the parties that the Inspecto r of Schools, Dibrugarh District Academic Council is the Chairman of the Selecti on Committee or Examination Committee for the pre final examination, 2006 conduc ted by the Dibrugarh District Academic Council from 3.11.06 to 13.11.06. The respondent No.4, Inspector of Schools, Dibrugarh District Academic C ouncil, Dibrugarh also filed his affidavit in opposition in the present writ pet ition. In Para 6 of the affidavit in opposition, the Inspector of Schools, Dibru garh District Academic Council stated that the meeting of Dibrugarh District S creening Committee was held on 21.11.06 at the Chamber of the deponent and it w as chaired by the deponent. After threadbare discussion, the Committee adopted t he certain norms for allowing the institutional pupils and non-institutional pu pils to sit for the H.S.L.C. Examination, 2007. Such decision was taken in pursu ance of the scheme circulated by the Board of Secondary Education, Assam (SEBA). The norms adopted are as follows : i. A candidate must secure an aggregate of 160 marks. ii. A candidate must not fail in more than 3(three) subjects. iii. No Grace Marks would be awarded to any candidate A copy of the proceeding of the Dibrugarh District Screening Committee meeting which was held on 21.11.06 at the Chamber of the Inspector of Schools, Dibrugarh District Circle, Dibrugarh is annexed as Annexure R/2 to the affidavi t in opposition filed by the respondent No.4 i.e Inspector of Schools, Dibru garh Circle, Dibrugarh. For easy reference, the proceeding of the meeting of th e Screening Committee (Annexure R/2 of the affidavit in opposition) is quoted he reunder: PRE-FINAL EXAMINATION, 2006 Proceedings of the meeting of the Screening Committee. The sitting of the Screening Committee for the Pre-final Examination’ 06 held on this day the 21st of November, 2006 at the Chamber of the Inspector of Schools, Dibrugarh District Circle and Chaired by Sri R.K. Hazarika, I/S, DDC, a fter thread bare discussion adopted the following norms for allowing the I.P. an d N.I.P candidates to sit for the H.S.L.C. Examination, 2007. 1. A candidate must secure an aggregate of 160 marks 2. A candidate must not fail in more than three subjects 3. No grace marks will be awarded to any candidate. Members present: 1. Sd/- Illegible, 21.11.06 2. Sd/ Illegible, 21.11.06 3. Sd/ Illegible, 21.11.06 4. Sd/ Illegible, 21.11.06 Approved Sd/- Illegible 21.11.06 . As stated above, after the answer scripts of the petitioners were produ ced before this Court, the learned counsel appearing for the petitioner as well as learned counsel appearing for the respondents are allowed to see the answer scripts of the petitioner. After seeing the answer scripts of the petitioners, the petitioners filed the reply-affidavit dated 18.1.07. In the reply affidavit of the petitioners, respective the marks obtained by the petitioners in the s aid pre final examination , 2007 conducted by the Dibrugarh District Academic C ouncil from 3.11.06 to 13.11.06 are mentioned in a tabulation which is annexe d as Annexure A-1 to the affidavit reply filed by the petitioner. The resp ondents did not file any affidavit denying the respective marks obtained by the petitioners mentioned in the reply affidavit filed by the petitioners dated 18 .1.07. In course of hearing of the present writ petition, learned counsel appe aring for the respondents also submit that the marks obtained by the petitioners in the said examination mentioned in their reply affidavit are correct. From the perusal of the respective marks obtained by the petitioners , i t is clear that the petitioner No.3 Tushar Chanda, petitioner No.5- Sabri Khan, petitioner No. 6-Gyan Chandra Bhagat, petitioner No. 9- Abdul Wahid and petition er No. 10-Jublee Das had secured more than 160 marks and failed only in 3(three ) , 0(NIL), 2(two), 1(one), 3(three) subjects respectively. This being the s ituation, they are the successful students in the pre final examination, 2006 conducted by the Dibrugarh District Academic Council from 3.11.06 to 13.11.06 a s per the norms followed by the Screening Committee and/or Dibrugarh District A cademic Council for allowing the students to sit for the H.S.L.C. Examination, 2 007. For the reasons discussed above, the writ petition is allowed and the Petitioner Nos. 3, 5, 6, 9 and 10 will fill up the forms and submit the same wit hin 4 days from today whereafter the respondent Nos. 4 and 6 will promptly disp atch the forms to the Board within 4 days along with the fees.