Calcutta High Court (Appellete Side)
Rita Biswas & Ors vs The State Of West Bengal & Ors on 9 December, 2021
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
09.12.2021
sayandeep
Sl. No. 07 & 51
Ct. No. 05
WPA 19676 of 2021
Rita Biswas & Ors.
Versus
The State of West Bengal & Ors.
With
WPA 19766 of 2021
Suhita Dutta & Ors.
Versus
The State of West Bengal & Ors.
[Via Video Conference]
Mr. Partha Sarathi Bhattacharyya
Mr. Kartik Kumar Ray
Mr. Debasish Banerjee
Mr. Raju Bhattacharyya
.... for the petitioners
Mr. Swapan Kr. Dutta
Mr. Pradyot Kr. Das
.... for the State
Mr. Amitava Chaudhuri
Mr. N. Roy
.... for the WBJEEB
The petitioners are 18 candidates who sat
for the West Bengal Joint Entrance Examinations
for M.Sc. (Nursing). The petitioners participated in
the counselling, allotment of seats and payment
for seat acceptance culminating in verification and
admission according to the schedule published by
the West Bengal Joint Entrance Examinations
Board. The urgency shown by the petitioner is
that the registration for the counselling concluded
yesterday that is on 8th December, 2021 and
unless the petitioners are given some interim relief
2
in the form of stay of the counselling process, the
petitioners shall be irrevocably prejudiced.
Learned counsel points to various anomalies
in the conduct of the examination and in the
publishing of the provisional and revised list
including the final answer key published on 3rd
December, 2021. It is also submitted that the final
list was published in violation of Section 4(7) of
The West Bengal Joint Entrance Examinations
Board Act, 2014.
Learned counsel appearing for the Board
opposes any relief on the ground that the Board
has the authority to make changes in the
scheduled counselling.
Learned counsel appearing for the State
submits that as opposed to the contentions of the
petitioners, a general merit list was published by
the Board in accordance with the provisions of The
West Bengal Joint Entrance Examinations Board
Act, 2014.
I have heard learned counsel appearing for
the parties. The conduct of the counselling lacks
transparency on the face of it. The relevant dates,
as indicated by the counsel, would show that a
first provisional list was published on 3rd
November, 2021 followed by a revised list on 9th
3
November, 2021. The process for registration for
counselling was to start from 20th November, 2021.
On 23rd November, 2021 a Notice was published by
the Board cancelling the results and scores
including the rank obtained by the candidates. A
model answer key was published on 24th
November, 2021 followed by a final answer key on
3rd December, 2021. The final scores obtained by
the candidates including the rank was once again
revised by a Notice dated 3rd December, 2021
intimated that the final result would be published
soon thereafter. The petitioners in WPA 19676 of
2021 obtained scores of 10, 15.50 and 10 out of
100 respectively with the rank of 108, 13 and 100
respectively which were revised to 33.75, 44.25
and 39(scores) with the rank of 674, 257 and 436
respectively in the revised ranking.
The reasons given for publishing a revised
list upon cancelling the earlier lists can be gone
into after the Board is given a chance to file its
affidavit. Prima facie, however, the prejudice
suffered by the petitioners in both the writ
petitions in terms of revised ranking which are
much lower than the initial ranking, would be
evident from the documents disclosed. Both the
notices of 23rd November, 2021 and 3rd December,
4
2021 do not disclose any reasons besides an
arbitrary power given to the "appropriate
authority" who has not been named or defined in
The West Bengal Joint Entrance Examinations
Board Act, 2014.
This Court is not willing to go into the
violation of the provisions of the said Act, 2014 at
this stage since that would require a construction
of the relevant provisions.
Since the petitioners have also participated
in the counselling from the start of the process, the
prayer for stay of the counselling cannot also be
granted as several stages have already been
completed. By reason of the immediate prejudice
caused to the petitioners resulting from the
impugned Notices and the revised ranking, the
respondent Nos. 3 and 4, being the West Bengal
Joint Entrance Examinations Board and the Chairman of the Board, are directed to keep 18 seats vacant until the matter is considered upon affidavits. The counselling process and all other incidental processes are directed to go on since the fate of a large number of candidates are involved.
The respondents will be at liberty of filing their respective affidavits-in-opposition within four 5 weeks from date. Reply, if any, be filed within a week thereafter.
List these writ petitions after five weeks.
(Moushumi Bhattacharya, J.)