Calcutta High Court (Appellete Side)
Dilip Chandra Roy vs The State Of West Bengal & Ors on 17 May, 2022
3
17.05.2022
Court No.24
B.M.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
WPA 8774 of 2015
Dilip Chandra Roy
Versus
The State of West Bengal & Ors.
Mr. K. M. Hossain
Ms. Keya Sutradhar
... for the petitioner
Ms. Chaitali Bhattacharya
Mr. Kartik Chandra Kapas
... for the State
Mr. Santanu Kumar Mitra
... for WBBSE
Mr. Md. Sarwar Jahan
Ms. Mousumi Mitra
... for the respondent no.9
Pursuant to the direction passed by the Court on
26th April, 2022, the Secretary, West Bengal Board of
Secondary Education has filed a report dated 13 th May,
2022 annexing the copy of the descriptive roll and the
verification report in connection with the mark sheet
relied upon by the petitioner in respect of his
Madhyamik Examination, 1978.
It appears from the marks as reflected in the
descriptive roll that the petitioner was unsuccessful in
the Madhyamik Examination. The mark sheet which
has been relied upon by the petitioner annexed at page
19 of the writ petition does not tally with the marks
awarded by the Board.
It is the specific contention of the respondents
that the mark sheet relied upon by the petitioner is a
fake one.
Learned advocates for the respondents submit
that the certificate allegedly issued by the West Bengal
Board of Secondary Education, which is annexed at
page 20 of the writ petition, is also a duplicate
certificate.
A perusal of the said duplicate certificate reveals
that the date of birth of the petitioner has been over
written in the said certificate. It is clear that the said
certificate is also a false and fake document.
The service of the petitioner was terminated by
the Additional Executive Officer, Nadia Zila Parishad on
the ground that the petitioner joined service in the SSK
relying upon a fake certificate.
An FIR was also lodged against him. The
petitioner was however, acquitted in the said criminal
case by judgment and order dated 26 th November, 2021
passed by the Additional Chief Judicial Magistrate,
Krishnanagar, Nadia on the ground that the
prosecution failed to establish the guilt of accused
person. The witness in the criminal case submitted that
the documents of the School were destroyed in the flood
of 2002 and accordingly, no evidence or document
could be shown whether the petitioner was a student of
the School or not.
As it appears there is conclusive evidence from
the West Bengal Board of Secondary Education that the
petitioner was unsuccessful in the Madhyamik
Pariksha Examination held in April, 1978 accordingly,
the document to show that he passed the said
examination cannot be accepted to be a true and
genuine one.
Hence, no relief can be granted to the petitioner
in the instant case.
The writ petition fails and is hereby dismissed.
Report filed by the Secretary, West Bengal Board
of Secondary Education be retained with the record.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
