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2022 Supreme(Gau) 319

SUDHANSHU DHULIA, SOUMITRA SAIKIA
Bistirna Hazarika – Appellant
Versus
State of Assam, Represented by the Secretary to the Government of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. K.N. Choudhury, Senior Advocate assisted by Ms. R. Pr. Kakati.
For the Respondents: Ms. P. Chakraborty, Mr. T.C. Chutia, standing counsel, AHSEC.

JUDGMENT :

Soumitra Saikia, J.

1. The petitioners are students, who had appeared in the H.S. Final examination in the year 2020 conducted by the Assam Higher Secondary Education Council. Although they had cleared the H.S. Final examination 2020 but they were not satisfied with the marks they had secured in the said examination. Aspiring to obtain better marks in the respective subjects so as to make them eligible for higher studies in various institutions in the country, they had opted to appear for “Betterment examination” for the year 2021 conducted by the Assam Higher Secondary Education Council. But, because of the COVID-19 pandemic situation which was prevailing in the country including the State at the relevant point in time, the department of Education, Government of Assam decided not to hold the Higher Secondary Final Examination for the year 2021. Instead a notification dated 01.07.2021 was issued by the department laying down the manner in which marks are to be allotted to the students under various categories who were scheduled to appear in the Higher Secondary Final examination, 2021. The petitioners were aggrieved by the process for allotment of marks as notified in the

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