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Calcutta High Court (Appellete Side)

Father And Natural Guardian Sujit Nandi vs The State Of West Bengal & Ors on 19 February, 2024

 19.02.2024
Item No.71 (ML)
  Court No.18
    AJ.
                                      W.P.A. 24819 of 2023

                         Soham Nandi (Minor), represented by his
                          father and natural guardian Sujit Nandi
                                              -Vs-
                               The State of West Bengal & Ors.

                            Mr. Puranjan Pal.
                                          .....for the petitioner.
                            Ms. Koyeli Bhattacharyya.
                                          ....for the WBBSE.

                         Affidavit of service filed on behalf of the

                  petitioner be kept with the record.

                         The petitioner appeared in the Madhyamik

                  Pariksha,    2023     and   passed    in   the      said

                  examination with an outstanding result (Grade-

                  AA).

                         The petitioner is complaining that his

                  answer script of the subject History in the said

                  examination has not been properly assessed, he

                  prays for re-evaluation of the marks of the said

                  answer script.

                         Ms. Bhattacharya, learned Advocate for the

                  West Bengal Board of Secondary Education, the

                  respondent no.2 herein submits that the such

re-evaluation of the answer script is not permissible under the relevant Rules.

The petitioner is a meritorious student, considering that the Madhyamik Pariksha is the first milestone towards his future education career, this Court is of the view that the Board 2 shall appoint a Head Examiner to give a re-look to the answers of the petitioner against question nos.2.42, 3.1, 3.3, 3.7, 3.12 and 5.3 in the said answer script within a period of eight weeks from date.

WPA 24819 of 2023 is disposed of with the above terms without any order as to costs.

It is made clear that since no affidavit has been invited, the allegations made in the said writ petition are deemed to have been denied by the respondents.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)