Calcutta High Court (Appellete Side)
Tandra Dasgupta vs The State Of West Bengal & Ors on 2 July, 2013
Author: Soumitra Pal
Bench: Soumitra Pal
1 54 02.07.2013
SD W. P. 14185 (W) of 2012 Tandra Dasgupta.
Vs. The State of West Bengal & Ors.
Mr. Subrata Bhattcharjya.
.... For the Petitioner.
Mr. Sakya Sen, Ms. Debjani Roy.
.... For the State.
In the writ petition the petitioner, - who was a candidate for the post of Panchayat Sahayak has prayed for a direction to re-assess/re- evaluate her answer script with regard to the written test held in the year 2007. It appears that earlier the writ petitioner had moved a writ petition being W. P. 28340(W) of 2008 with CAN 7867 of 2009 which was ultimately disposed of by an order passed on 6th January, 2011 modifying the order dated 6th July, 2009 and directing re-examination of the answer script. It appears from page 60 of the writ petition that the District Panchayat and R. D. O. Burdwan by Memo dated 7th July, 2011 had intimated the petitioner that in compliance with the order dated 6th January, 2011 the answer scripts were duly re-assessed and her marks stood at 30.
Learned advocate appearing on behalf of the petitioner submits that from a perusal of the answer scripts it is clear that those were not assessed properly and direction may be given for fresh assessment. In this connection reliance has been placed on the judgment delivered on 10th October, 2012 in W. P. 10377 (W) of 2012 (Sarmistha Majhi vs. State of West Bengal & Ors.).
Admittedly by the order dated 6th January, 2011 the learned Single Judge had directed re-examination of the answer scripts and accordingly the answer scripts were re-assessed and her marks stood at
30. The petitioner is still aggrieved and seeks a direction for further re-
2assessment.
In my view it cannot be further re-assessed as the entire process of examination has to end somewhere. Since High Court had directed re-assessment and re-assessment was done, no order can be passed on the writ petition. The judgment in Sarmistha Majhi (supra) is inapplicable to the present case as therein direction was issued for re- assessment and not for re-assessment of a paper which has already been re-assessed. Therefore, the writ petition is dismissed.
There will be no order as to costs.
(SOUMITRA PAL, J.)