Subir Sen vs The State Of West Bengal & Ors
2023 Latest Caselaw 978 Cal

W.P.A. 5807 of 2015

32. 06.02.2023 bd. Ct.15 Subir Sen

-vs-

The State of West Bengal & Ors.

Ms. Nadira Abedin ... for the petitioner

Petitioner being father of examinee has approached this Court by presenting this writ petition with a prayer for reassessment of answer scripts of Bengali, English, Life Science, History and Geography in Madhyamik examination 2014.

It has also been submitted by Ms. Abedin, learned advocate representing the petitioner that after publication of the result of Madhyamik examination 2014 application was filed for review of answer scripts on 19th September, 2014 before the Regional Officer, West Bengal Board of Secondary Education, Burdwan Regional Office, but no result of such application for review was communicated to the petitioner.

During course of hearing this Court has made a query to the learned advocate representing the petitioner to demonstrate before this Court lapses on the part of the examiners appointed by the Board in assessing answers written by the daughter of the petitioner in Madhyamik examination 2014. However, this Court does not get any satisfactory answer. The right of the examinee to have his/her answer script reassessed has been considered by the Apex Court in the judgment reported in 2018(2)

SCC 357 (Ran Vijay Singh -vs- State of Uttar Pradesh and Ors.). It has been succinctly decided in paragraph 30.2 in Ran Vijay Singh (supra) that if statute, Rule or Regulation governing an examination does not permit re-evaluation or scrutiny of answer sheet then Court may permit re- evaluation or scrutiny only if it is demonstrated before the Court without any inferential process of reasoning or by a process of rationalization that too in rare or exceptional cases that material error has crept in.

In the present case it has neither been demonstrated before this Court what was the material error which occurred at the time of examining the answer scripts nor notice of this Court has been brought to availability of any relevant statutory provisions empowering the Board to reassess/reevaluate the answer script of the petitioner.

In the above conspectus, this Court does not find any merit in the writ petition and the same stands dismissed.

However, there shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)