Calcutta High Court (Appellete Side)
Bipul Kumar Biswas & Ors vs Union Of India & Ors on 10 January, 2020
1
10.01.2020
KC(CL291)
W.P.C.T. 49 OF 2017
Bipul Kumar Biswas & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 69 OF 2017
Paritosh Kumar Majumder & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 68 OF 2017
Kanchan Das & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 67 OF 2017
Abhishek Ghosh & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 70 OF 2017
Samrat Halder & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 71 OF 2017
Subhankar Sardar & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 31 OF 2017
Tapas Mondal
-vs.-
Union of India & Ors.
with
W.P.C.T. 132 OF 2017
Subhendu Deb & Ors.
-vs.-
Union of India & Ors.
2
with
W.P.C.T. 73 OF 2017
Sanjiban Mondal & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 72 OF 2017
Krishnendu Das
-vs.-
Union of India & Ors.
with
W.P.C.T. 315 OF 2016
Susovan Tikadar
-vs.-
Union of India & Ors.
with
W.P.C.T. 294 OF 2016
Alok Saha & Ors.
-vs.-
Union of India & Ors.
with
W.P.C.T. 313 OF 2016
Bidyut Mahanta
-vs.-
Union of India & Ors.
Mr. Bikash Ranjan Bhattacharya
Mr. Sudipta Dasgupta
Mr. Bikram Banerjee
Ms. Tanushree Roy
Ms. Riya Das
Ms. Dipa Acharya
Mr. Arka Nandi.
..For the Petitioners
in WPCT 49 of 2017.
Mr. Saktinath Mukherjee,
Mr. S. K. Datta
Mr. Barun Chatterjee.
..For the Petitioners
in WPCT 69 of 2017
WPCT 67 of 2017
WPCT 70 of 2017
3
WPCT 71 of 2017
WPCT132 of 2017
WPCT 73 of 2017 &
WPCT 72 of 2017.
Mr. Jayanta Banerjee
Ms. Soma Roy Choudhury.
..For the UOI in all
the writ petitions.
Mr. Amit Kumar Pan
..For the added respondent,
Sudip Nag in the concerned writ petition.
Mr. Pratik Dhar Mr. Kartik Kumar Roy Mr. Samir Halder ....For the Petitioners in WPCT 31 of 2017 in WPCT 294 of 2016 in WPCT 313 of 2016.
Mr. Tarun Jyoti Tewari .. For the added respondent, Subhra Kanti Biswas in WPCT 49 of 2017.
Mr. Sabyasachi Chatterjee Mr. Sourav Mondal Mr. Firdous Samim Ms. Gopa Biswas ..For the added respondent in W.P.S.T. 49 of 2017 Mr. Tapas Kumar Ghosh, Mr. Tanmay Chowdhuey ..For the added respondent Prasenjit Roy in concerned writ petition Mr. Animesh Paul ..For the added respondent, 4 Mr. Nirupam Bhakat in the concerned writ petition.
Mr. Bhaskar Seth ....For the added respondent in W.P.C.T. 69 of 2017.
During the course of hearing, two questions have arisen: (i) how clause 16 of the advertisement can be construed to include "normalisation" as a part of determination of merit; (ii) in what manner do the Railways contend the petitioners had notice of anything but their raw marks in the written test being considered to constitute merit.
On the next occasion, when the Railways are required to reply, they will come prepared to answer the above questions.
Apart from these, the Court requires production of the records, being the original of the minutes or any other document which would show that a finding had been recorded by the chairman that there was in fact variation in the difficulty levels of the question papers across different shifts. The Railways shall also produce records to show how the chairman chose the mean and standard deviation for normalisation.
Information on these points are required since we have read the terms and conditions of the agreement that the Railways had entered into with the evaluation agency, which had formed the basis for normalised marks being assigned to each of the candidates. 5
The Railways shall also produce and serve a copy of the agreement between the Railways and the evaluation agency taking care to mask the names of the parties so that the identity of the agency escapes notice. Copies of the said documents shall be made available on usual terms to the learned advocates for the respective petitioners.
List the writ petitions on Friday next (17.01.2020) under the same heading (at 2.00 P.M.).
(PROTIK PRAKASH BANERJEE, J.) (DIPANKAR DATTA, J.)