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Judgment
Heard Mr. K.C.Gautam, learned counsel for the petitioner, Mr. K.Barua, learned counsel for the respondent No. 1, Mr. L.Khyriem, learned
counsel for the respondents Nos. 2 & 3 and Mr. H.L.Shangreiso, learned counsel for the respondent No. 4.
The petitioner''s case in a nutshell is that:
The short facts leading to the institution of this application under Article 226 of the Constitution of India seeking appropriate
direction/order in the nature of Mandamus or any other like applicable Writs or direction/directions is that Master Adrain Lara
Nongbri, son of the Petitioner herein was a student of St. Anthony''s Higher Secondary School, Shillong, who appeared in the SSLC
Examination - 2016 conducted by the Meghalaya Board of Secondary Education from 02-03-2016 to 14-03-2016.
The format for Secondary School Examination as prescribed by the Meghalaya Board of Secondary Education under its Regulations
is that Examinations for each subject will be held for a total of 100 Marks out of which 20 Marks are to be allotted to the candidates
on the basis of internal assessment and the remaining 80 Marks are to be allotted on the basis of a candidates performance in the
External Examinations.
The Petitioner''s son throughout his Schooling career has been an exceptionally good student who has regularly topped the class and
as expected by the Petitioner, Teachers and others who were known to the Petitioner''s son were expecting that Master Adrian Lara
Nongbri would excel in the Board Examination of 2016 conducted by the MBOSE in flying colours.
The result of SSLC 2016 was declared by the Respondent MBOSE on 25-05-2016 and the Petitioner''s son scored 559 Marks out
of a total of 600 Marks and thus stood in the 9th Position amongst the List of Successful Candidates. The Results of SSLC 2016
came as a shock to the Petitioner, her son and some of the Teachers of the School who were expecting Master Adrian Lara Nongbri
to feature in the List of Top Three Meritorious Students. What further surprised the Petitioner was the Internal Assessment Marks
obtained by Master Adrian Lara Nongbri.
This issue was brought to the Notice of the Principal of St. Anthony''s Higher Secondary School and after thorough inquiry it was
discovered that inadvertently the Marks obtained by another student having the same first name was assigned against the Roll
Number of Master Adrian Lara Nongbri, resultantly the total marks of the Petitioner''s son had come down.
The Respondent School upon discovery of this fact issued a letter addressed to the Executive Chairman, MBOSE, clarifying therein
the error in allotment of internal assessment marks. The said letter was received by the Ex-Executive Chairman, MBOSE, who made
an internal note on the body of the letter stating that this appears to be a case of error committed by the concerned School and upon
rectification of this error a corrigendum needs to be issued indicating the correct rank of Master Adrian Lara Nongbri which is joint
Second Position holder.
The Respondent MBOSE, however has not made any rectification in the ranking of candidates by publication of corrigendum. On the
contrary an impugned letter dated 28-07- 2016 has been issued whereby the Respondent MBOSE has stated that no changes in the
Ranking of Candidates will be made as it is contrary to the Regulation of the Board and further that correction in the internal marks
cannot be made as the same is contrary to the Regulations of the Board.
The Petitioner''s son Master Adrian Lara Nongbri has been a victim of omissions on the part of the Respondents which has cost him
his legitimate standing in the List of Successful Candidates in SSLC 2016 and other academic losses in terms of opportunities and
incentives provided to students who top the list in SSLC Examinations conducted by Boards across the Country.
Being aggrieved the Petitioner is before Your Lordships seeking justice for her minor son.
Learned counsel for the respondents No. 2 & 3, Mr. L.Khyriem hasfiled an affidavit before this Court which is in record wherein it is stated that
order dated 09-05- 2017 has been complied by the respondents. If it is so, the grievances of the petitioner have already been addressed and
learned counsel for the petitioner also agreed. Therefore, there survives nothing to proceed further.
Hence, the matter is dropped and stands disposed of.