Calcutta High Court (Appellete Side)
Ashis Kumar Sarkar vs State Of West Bengal & Ors on 10 January, 2012
Author: Biswanath Somadder
Bench: Biswanath Somadder
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10th January,
2012.
(SKB)
W.P. No. 10314(W) Of 2011
Ashis Kumar Sarkar
Vs.
State of West Bengal & Ors.
Mr. Soumya Majumder,
Mr. Dibyendu Chatterjee,
....for the petitioner.
Mr. Sakya Sen,
Mr. Tapas Ballar Mandal,
....for the State.
The report in the form of an affidavit filed on behalf of the District
Panchayat & Rural Development Officer, Murshidabad, states, inter alia, as
follows:
"It is found from the answer scripts that in all the answers for
which such objection has been raised the petitioner has put two ticks.
The answer scripts were evaluated impartially and properly as per
procedure generally adopted. Double ticks in two boxes in all the cases
may misguide the evaluators. Moreover, it proves malpractice and
possibility of collection of information from examination hall or otherwise
towards giving answers."
However, from a photocopy of the answer script, which has been annexed
to the writ petition, it appears that in some of the answers where the writ
petitioner has used double tick marks, full marks have been awarded by the
Examiner. Therefore, there appears to be some degree of inconsistency which is
noticed in respect of the report filed by the District Panchayat & Rural
Development Officer, Murshidabad, and the evaluation of the answer script
which has been annexed to the writ petition.
This is a factual aspect which the writ Court ought not to go into and in
such circumstances, this writ petition is disposed of with a direction upon the
District Panchayat & Rural Development Officer, Murshidabad, to take steps to
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re-evaluate the answer script of the writ petitioner in terms of the procedure
generally adopted by the respondent authorities for evaluation of such answer
scripts. Such re-evaluation shall be completed by the said respondent authorities as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from date of communication of a photostat certified copy of this order.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the petitioner.
(Biswanath Somadder, J.)