Dr. Tapan Biswas vs Union Of India & Ors
2022 Latest Caselaw 3104 Cal

30 08-06-2022

AKG WPA 18992 of 2021 Ct. 40 With CAN 1 of 2022

Dr. Tapan Biswas Versus Union of INdia & Ors.

Mr. Asok Kumar Bhattacharyya, Mr. Sanjib Kumar Mukhopadhyay, Ms. Aparupa Bhattacharya ...For the Petitioner

Mr. Dibashis Basu, ...For the Union of India Mr. Debu Chowdhury ...For the National Board of Education

Learned advocate appearing for the petitioner

submits that though his client performed well in the

written test of Fellow of National Board (in short, FNB)

Exit Examination, 2020 conducted by the National Board

of Examination, his answer scripts were not evaluated

properly, as a result of which, he was shown 'fail' in the

said examination. The petitioner is a brilliant student.

There is no reason that he should fail in the examination.

The petitioner has scored 44 out of 150 marks. The

qualifying marks for the said examination were 50.

Learned advocate for the petitioner relies upon

paragraph 30 of the judgment reported at (2018) 2 SCC

35 (Ran Vijay Singh v. State of U.P.), where it has been

held as follows :

"The law on the subject is therefore, quite clear and we only propose to highlight a few significant conclusions.

They are : (I) If a statute, Rule or Regulation governing an examination permits the re-evaluation of an answer sheet or scrutiny of an answer sheet as a matter of right, then the authority conducting the examination may permit it;

(ii) If a statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of an answer sheet (as distinct from prohibiting it) then the Court may permit re-evaluation or scrutiny only if it is demonstrated very clearly, without any inferential process of reasoning or by a process of rationalisation and only in rare or exceptional cases that a material error has been committed: (iii) The Court should not at all re-evaluate or scrutinize the answer sheets of a candidate it has no expertise in the matter and academic matters are best left to academics; (iv) The Court should presume the correctness of the key answers and proceed on that assumption ; (v) In the event of a doubt the benefit should go to the examination authority rather than to the candidate."

The information pertaining to the FNB Exit

Examination clearly provided that there would be no re-

evaluation or rechecking/re-totaling of answer sheets and

requests for re-evaluation/re-totaling should not be

entertained.

I am of the view that no relief can be granted to the

petitioner in view of the observations made in Ran Vijay

Singh (supra) since in the present case, the relevant

rules prohibit re-evaluation or rechecking/re-totaling of

answer sheets.

In that view of the matter, this writ petition being

WPA 18992 of 2021 and CAN 1 of 2022 are accordingly

dismissed.

(Kausik Chanda, J.)