Brijesh Kumar C.J.—

These appeals are preferred against the judgment and order dated 21.7.2000 passed by the learned Single Judge in Writ Petition (C) No.3617 of 2000. It appears that several writ petitions were disposed of by a common order.

2. We have heard Shri N. Dutta, learned counsel for the appellants and Shri TC Chutia, learned counsel appearing for the Board of Secondary Education, Assam.

3. The grievance which had been raised by the petitioners in the writ petition related to marks as allotted to them in practical paper in the subject of Fine Arts. According to the appellants, there is suspicion of under marking in the above noted paper. Certain averments have been made indicating the reasons. But at the very out set it may be indicated that it is not necessary to go into the reasons. The facts, however, which according to the petitioners, led to the inference of general under marking in the practical paper of Fine Arts are that most of the students who appeared in the said examination from centre at Gopal Boro High School have been declared failed in that paper. The learned counsel appearing for the respondent Board on the basis of instructions received, informs that in all 218 candidates had appeared in the practical of Fine Arts from the said centre, namely, Gopal Boro High School, out of whom 107 students had passed in the said paper and the remaining 111 students had failed. Learned counsel for the appellants has then drawn our attention to the averments made in paragraph 5 of the petition which indicate that the appellants along with others had obtained very good marks as high as up to 76% in the selection test held in December, 1999. A perusal of the averments made in the said paragraph shows that students had obtained marks between 50 to 76%. In connection with the averments denial a on the part of the Board is only to the extent that the said examination was not conducted by the Board but was conducted by the Inspector of Schools and further that the percentage of marks indicated is not in the practical of Fine Arts but total performance of all the subjects. It is, however, indicated on behalf of the appellants that in general it shows the merit of the students. It is submitted on behalf of the appellants that normally such high percentage of failure in the b practical paper of Fine Arts is unusual, more particularly from one centre giving rise to the suspicion that there has been under-marking.

4. It appears that the learned Single Judge while dealing with the matter, considered the submissions made and called for the answer sheets of the practical paper. The learned Single Judge at the very out set observed on scrutiny of the answer sheets that there was no palpable error inasmuch as the students did not give answer according to the question. On the prayer of the learned counsel for the respondent, 10 days time was allowed to file affidavit. It was then observed that there was no occasion to grant any interim order. Later on it is observed that as agreed, the writ petitions would stand disposed of with direction that the students who were entitled to the compartmental examination in Fine Arts, they should be provided an opportunity and the compartmental examination was to be held within 2 months.

5. Learned counsel for the appellants submits that the observations that

the students did not give answer according to the question" is not correct in so far as the answer sheets would show that they have drawn the drawings in accordance with the questions. In view of this argument, we had directed the learned counsel for the Board to make available the answer sheets of the

appellants. The same were produced before us. We perused the question paper and we find that in most of the answer sheets the students had drawn figure of a hill-girl with load as required in one amongst other questions. We also found that in some answer sheets, according to the question, birds were depicted taking food under a tree. All the students

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