Masud Shah vs The State Of West Bengal & Ors
2021 Latest Caselaw 5865 Cal

29.11.2021
 SL No. 28
Court No. 24
    (P.M.)
                                 WPA 15792 of 2021

                                   Masud Shah
                                        Vs
                          The State of West Bengal & Ors.
                              (Via Video Conference)


                                         Mr. Sajal Kumar Ghosh
                                                     ... for the petitioner

                                         Mr. Bhaskar Prasad Vaisya,
                                         Mr. Sagnik Chatterjee
                                                    ... for the State

                                         Mr. Ratul Biswas
                                                     ... for the Board

                      Affidavit of service filed in court is taken on record.

                      Being aggrieved by the marks awarded to the

               petitioner in TET 2014 the petitioner applied under the

               Right to Information Act for collecting OMR answer sheet.

                      In response to the application made by the petitioner

               under the Right to Information Act, 2005, the Secretary of

               the West Bengal Board of Primary Education by a

               communication dated 21st October, 2016 directed the

               petitioner to deposit a sum of Rs. 500/- only being the

               requisite cost for supply of the photocopy/digitized data of

               OMR answer sheet within a month from the date of receipt

               of the letter.

                      The grievance of the petitioner is that the OMR sheet

               has not been supplied to him till date.

                      The petitioner refers to a communication dated 3rd

               March, 2021 issued by the Board wherein it has been

               mentioned that as per the judgment dated 22nd April, 2019
                   2




in writ petition Nos. 6135(W) of 2019 and 5704 (W) of 2019

the obligation of the West Bengal Board of Primary

Education to preserve the OMR sheet has expired on 9th

November, 2016.

      The petitioner    prays for a direction         upon the

respondent authorities to furnish the information sought

under the Right to Information Act.

The learned advocate representing the West Bengal

Board of Primary Education submits, upon instruction, that

the petitioner appeared in TET 2012 and TET 2014 but he

did not qualify in the same.

The petitioner applied under the Right to Information

Act for collecting the answer sheet. The Board directed the

petitioner to submit the necessary fees but the petitioner

did not submit the fees as directed.

The time for collecting the OMR answer sheet expired

on November 9, 2016 and the Board is not required to

preserve the sheets any further.

From the aforesaid submission it appears that the

petitioner failed to deposit the necessary fees for obtaining

the OMR answer sheets way back in 2016. The petitioner in

the year 2021 cannot come up with the stale claim of

providing the OMR answer sheet in respect of the

examination which was conducted in the year 2015 and

result declared in the year 2016.

In that view of the matter, no relief can be granted to

the petitioner in the instant case.

The writ petition fails and is hereby dismissed.

The instruction given by the Board is retained with

the records.

Urgent photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)