Anjan Kumar Das v. The State of Assam and 2 Ors

PageoNo.#o1/2 GAHC010118962024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/196/2024o ANJANoKUMARoDASo S/OoLATEoBONGSHIoRAMoDASo RESIDENToOFoB.GoCOLONY,oPRAGJYOTISHoNAGARo,POoMALIGAON,oPSo JALUKBARI,oGUWAHATIo781011oDISToKAMRUPoMoASSAMoFATHERoANDo NATURALoGUARDIANoOFoMS.oHIMLINAoDAS(MINORoDAUGHTER) VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oEDUCATION,o GOVT.oOFoASSAM,oDISPUR,oGUWAHATI-o781006 2:ST.oMARYSoSENIORoSECONDARYoSCHOOL oMALIGAON oGUWAHATI-o781011 oASSAM oREPRESENTEDoBYoTHEoPRINCIPAL 3:THEoCENTRALoBOARDoOFoSECONDARYoEDUCATION oREPRESENTEDoBYoSECRETARY oSIKSHAoBHAVAN oPANJABARI oGUWAHATo For1applicant(s)/appellant(s)1:111111Mr.1P.1Choudhury,1Advocate For1respondent(s)1111111111111111:11111Mr.1R.1Borah,1Advocate ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooMr.1N.1J.1Khataniar,1Advocate1111111111111111 o o Page No.# 2/2 – BEFORE – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MR. JUSTICE KARDAK ETE

15.07.2024 (Vijay Bishnoi, CJ) Heard the learned counsel appearing for the parties. The present intra-court appeal is filed by the appellant being aggrieved with the order dated 17.05.2024, passed by the learned Single Judge in WP(C) No. 2575/2024, whereby the writ petition filed by the appellant has been dismissed. The appellant approached the writ court being aggrieved with the action of the respondent school of not promoting his daughter to the next class, who appeared in Class-XI Annual Examination in Humanities Section. The learned Single Judge has held that the High Court under Article 226 of the Constitution of India would issue prerogative writs in extra-ordinary circumstances. It is further observed that the decision to detain a student on failing in two subjects is that of the school and unless an exceptional case is made out, this Court would not entertain such writ petition. The learned Single Judge has not found any exceptional case in the writ petition and therefore has refused to interfere in the matter. Having heard the learned counsel for the parties and after going through the material available on record, we do not find any illegality in the impugned order passed by the learned Single Judge. Hence, the writ appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant