WP(C) 6711/2010 BEFORE THE HON’BLE MR JUSTICE U.B.SAHA The instant writ petition is filed by the petitioner, who is a student of class XII (Higher Secondary 2nd year) in Little Flower School, Dibrugarh, Assam, for a direction to the respondents, particularly, the respondent No. 2 and 4 to allow her to fill up and submit the forms to appear in the Higher Secondary Final Yea r Examination. Heard Mr. D. R. Gogoi, learned Counsel for the petitioner. Also heard Mr . K.H. Choudhury, learned senior Counsel appearing for the respondent No.2 and M r. G.N. Sahewalla, learned senior Counsel for the respondents 3 and 4 i.e. the s chool respondents. The brief facts needed to be discussed are as follows: The petitioner, Smt. Monmita Das, a student of Class-XII of the Little F lower School, Dibrugarh under Assam Higher Secondary Education Council passed the higher secondary first year Examination from the said school and then admit ted in the second year of the higher secondary course. The petitioner also app eared in the pre-test conducted by the school in the month of November, 2010, but she could not succeed in the said pre-test. On 23.11.2010, filling up the f orms for appearing in the higher secondary final examination was commenced, but she was not allowed to fill up the forms and was told that as per Rules of the Assam Higher Secondary Education Council, a student has to pass the pre-test conducted by the school for appearing in the higher secondary second year final examination. Thereafter, the guardians of the petitioner went to the office of the Assam Higher Secondary Education Council, Bamunimaidan where they were infor med that the pre-test conducted by the School is totally a school affair and th e Council has nothing to do with the matter. Therefore, the guardians of the pet itioner requested the school authorities to allow her to fill up and submit the form for the higher secondary final examination which is ensuing on February/Ma rch, 2011, but the school authorities did not allow her to fill up and submit th e form to appear the final examination. Hence the writ petition. Mr. Gogoi submits that this Court has already passed an interim order on 19.1.2011 directing the respondent 3 and 4 to provide necessary forms to the pe titioner for filling up and submitting the same before the authority concerned, and in turn, the said authority shall send the same to the respondent No.2 wh o shall issue admit card to the petitioner so that she can sit in the ensuing h igher secondary final examination. Today the learned Counsel for the respondent 2 submits that the responde nt No.2 has no objection to allow the petitioner for sitting in the final exam ination subject to she attended 60% of the classes held in the school where sh e is studying and the same has already been communicated by the Controller of Ex amination, Assam Higher Secondary Education Council to the Principal of all ed ucational institutions in the State of Assam. Mr. Sahewalla submits that if the Secretary of the Council is agreed to allow the petitioner subject to she attended 60% of the classes held by the Sc hool, the school authorities have no objection to the prayer of the petitioner t o allow her to appear in the higher secondary final examination. In view of the above, it would be proper for this Court to dispose of th e entire writ petition at the motion stage as pendency of this writ petition wil l create certain mental suffering to the petitioner. Upon going through the records and having heard the learned Counsel for the parties, this Court is of considered opinion that if the petitioner attend ed 60% of the classes held by the school, then the respondents 3 and 4 shall pr ovide the necessary form to the petitioner for filling up and submitting befor e the authority concerned and on receipt of the same, the authority concerned s hall send the same to the respondent No.2 who shall allow the petitioner to appe ar the higher secondary final examination and also publish the result along wit h others as per procedure. It is also directed that the petitioner shall furnish a copy of this ord er to the respondent No.2 as well as respondent No. 4 so that they can comply wi th the Court’s order. With the above order, the writ petition is disposed of. No order as to c osts.