Calcutta High Court (Appellete Side)
Suchibrata Patra vs The State Of West Bengal & Ors on 13 September, 2021
13-09-2021
ct no. 05
Sl. 04
Sayandeep
W.P.A. 23672 of 2019
Suchibrata Patra
-Versus-
The State of West Bengal & Ors.
(Via Video Conference)
Mr. Kamalesh Bhattacharyya
...for the petitioner
Ms. Koyeli Bhattacharyya
....for W.B.B.S.E.
Writ petitioner is one of the examinees of
Madhyamik Examination, 2019 and he has not
been satisfied on the marks he was awarded in
Bengali, English, Geography and History. Writ
petitioner after publication of result of
Madhyamik Examination, 2019, in terms of the
relevant provisions of the West Bengal Board of
Secondary Education (Examination)
Regulations, 2001 (hereinafter referred to as
"Regulations of 2001"), applied for post
publication scrutiny and on publication of the
result of post publication scrutiny marks of the
writ petitioner in those four subjects remained
unchanged. Being dissatisfied on result of the
post publication scrutiny, writ petitioner made
an application under Right to Information Act for
supply of answer scripts of those four subjects
and accordingly the concerned authority of West
Bengal Board of Secondary Education provided
the copies of the answer scripts. On receipt of
the answer scripts, writ petitioner got the same
re-evaluated from subject experts of his choice
and the experts suggested there should have
been enhancement of marks in some answers
written by the writ petitioner to particular
questions as indicated in pages 111 to 114.
Mr. Kamalesh Bhattacharyya, learned
Counsel appears on behalf of the writ petitioner
and has relied upon the assessment made by
the Examiners which is reflected from page -111
to 114 of the writ petition and has argued that
based on said assessment made by examiners,
who are not the Examiners appointed by West
Bengal Board of Secondary Education, writ
petition should be allowed and have his answer
scripts examined by the Examiners of the Board
for maintaining transparency with regard to the
assessment of answer scripts of the writ petition.
Ms. Koyeli Bhattacharyya, learned
Counsel appears on behalf of the Board and
submits that in terms of the relevant provisions
of the Regulations 2001, successful candidate is
not entitled to get the benefit re-evaluation of
answer scripts and as per the said Rules the
successful candidates are entitled to have
answer scripts scrutinized which is called post
publication scrutiny. Therefore in terms of
Examination Regulations of 2001 of the Board,
writ petitioner is not entitled to have his answer
scripts reexamined and/or reevaluated.
The submissions made on behalf of the
writ petitioner and Board are considered and
this Court finds that there is no specific
provisions in the said Examination Regulations
of 2001 permitting a successful candidate to
have his or her answer scripts
reexamined/reevaluated. In the present case,
already the writ petitioner has availed of the
benefit of post publication scrutiny and on
publication of result of said scrutiny, the marks
of the writ petitioner remained unchanged. Writ
petitioner has also been provided with the copies
of the answer scripts and Mr. Bhattacharya has
candidly submitted before this Court that on
perusal of these answer scripts, it appears that
there is no anomaly in the scrutiny of the marks
awarded by the Examiners of the Board.
In absence of any provisions relating to re-
evaluation of answer scripts of successful
candidates no relief can be granted to the writ
petitioner in this writ petition. In this regard,
reliance is placed on the judgment of the Apex
Court in the case of Ran Vijay Singh & Ors. Vs.
State of U.P. & Ors. reported in (2018)2 SCC
357.
With the above observation, the writ
petition stands dismissed.
There shall be no order as to costs.
All parties are directed to act on a server
copy of this order duly downloaded from the
official website of this Court.
Urgent photostat certified copy of this
order, if applied for, is to be given to the parties
upon compliance with the necessary formalities.
(Saugata Bhattacharyya, J.)
