Calcutta High Court (Appellete Side)
Mijanur Islam vs The State Of West Bengal & Ors on 9 September, 2022
Author: Aniruddha Roy
Bench: Aniruddha Roy
32 09.9.2022
Sc Ct. no.22
WPA 20429 OF 2022
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Mijanur Islam Vs. The State of West Bengal & Ors.
Mr. Ali Ahsan Alamgir Ms. Riya Das Ms. Rabia Khatun.
....For the Petitioner Mr. Bhaskar Prasad Vaisya Mr. Ranjan Saha.
....For the State Mr. Nadeem Sulaiman Mr. M. Zahedi.
....For the Madrasah Service Commission The petitioner appeared in the 7th State Level Selection Test for the post of Headmaster in Madrasah. The cut off marks of the category to which the petitioner appeared in the examination was "61" as would be evident from page 31 to the writ petition.
Referring to 3(b) at page 47 to the writ petition the petitioner submits that the said question has two parts. In the second part he has been granted marks as "01" out of "1" whereas in respect of the first part though the petitioner gave answer but the same was not evaluated as it appears from the answer script and the total marks for the said first part of the question was "2".
Referring to page 33 the petitioner submits that he had secured total marks as "60.5". The petitioner therefore contends that he was short of "0.05" marks 2 from the cut off marks as stated above. Referring to Question No. 9 at page 39, the petitioner submits that all the 4 options against the answer to the Question No.9 as provided in the examination paper were not correct, according to the petitioner. In this regard, the petitioner had relied upon two reference books, the relevant extracts thereof are annexed at pages 57-59 to the writ petition.
The petitioner contends that had this illegality and arbitrariness in evaluating the answer script of the petitioner been not there, the petitioner could have qualified the cut off marks.
Mr. Bhaskar Prasad Vaisya, learned Additional Government Pleader appears for the State, Mr. M. Zahedi, learned counsel led by Md. Nadim Sulaiman, learned counsel appears for the respondent no.4.
Considering the submissions made on behalf of the appearing parties and on perusal of the pleadings in the writ petition and the reliefs claims thereunder, this Court is of the considered opinion that, the issues involved in this writ petition need to be addressed on certain factual matrix and also as to the correctness or incorrectness of the options for answers provided in the examination paper. There is no scope for any interim order in the writ petition.
Mr. Ali Ahsan Alamgir, learned counsel appearing for the petitioner submits that the panel is still alive. 3
In view of the above, the respondent no.5 is directed to file a report supported by an affidavit before this Court in the light of the issues involved in the writ petition. Such report with the supporting affidavit shall be filed by the respondent no.5 on or before September 22, 2022 positively.
ACO The writ petition shall appear for further consideration on September 23, 2022 under the heading "For Orders".
(Aniruddha Roy, J.)