Gauhati High Court Slaps Fine on Petitioner Who Blamed Marks Evaluation for Daughter's Failure

STAFF REPORTER

GUWAHATI: The Gauhati High Court recently dismissed with a cost of Rs.10,000 a writ petition filed by the father of a girl who failed in the HSLC examination. He had alleged that the evaluation of the marks for his daughter was not in accordance with the guidelines.

The petitioner had claimed that while declaring the results for his daughter, the authorities did not follow the guidelines, which led to her failure in the examinations. She was supposed to appear for the HSLC exams in the year 2021, but the examination was cancelled owing to the Covid situation and the results were declared based on her performance in the previous examinations.

But on checking the results in the previous examination, it was found that the results were declared correctly as per the regulations and the student did not possess the requisite marks to pass in the examination.

“It is unfortunate to notice that a trend has been set to file applications under Article 226 of the Constitution of India at the drop of a hat. Numerous cases have been seen to be filed with imaginary or very trivial causes of action. This Court is of the opinion that such trend has to be nipped in the bud and filing of writ petitions of the present nature has to be discouraged,” noted the Court.

The Court of Justice Sanjay Kumar Medhi also noted, “The instant writ petition, apart from lacking any genuine cause of action by demonstrating infringement of any fundamental or legal rights, or for the enforcement thereof, the background facts would reveal that there is no cause of action at all which requires any adjudication, that too by this Court exercising extra-ordinary powers under Article 226 of the Constitution of India.”

Thus the court, while dismissing this petition and imposed a cost of Rs.10,000 only upon the petitioner. The cost is required to be deposited in favour of the Lawyers Benevolent Fund, Gauhati High Court bar Association, Gauhati.

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