Calcutta High Court (Appellete Side)
Chandan Bhattacharya vs Wbssc & Ors on 25 August, 2022
S
241
Court
No. 11 25.08.2022
G.S.Das
FMA 15 of 2022
With
CAN 1 of 2021
Chandan Bhattacharya
-Vs-
WBSSC & Ors.
Mr. Suddhadev Adak
... for the Appellant
Mr. Bhaskar Prasad Vaisya
Mr. Suman Dey ... for the Respondents
Party/Parties is/are represented in the order of their name/names as printed above in the cause title.
Mr. Adak, Learned Counsel appearing for the writ petitioner/appellant, submits that the writ petitioner/appellant has sought for re-evaluation of his answer script in the History paper in the Regional Level Selection Test (AT), 2011.
By an Order dated June 13, 2019 an Hon'ble Single Bench of this Court directed the West Bengal Central School Service Commission to re-evaluate the answer script of the writ petitioner/appellant.
The relevant portion of the Order dated June 13, 2019 is reproduced below:
"On going through the evaluation of the History paper written by the writ petitioner, this 2 court is of the view that the petitioner certainly deserves another chance before he is eliminated from the selection process altogether. The deduction of ½ marks in the answers set out must be re-visited for a proper evaluation.
The respondent no.2 is accordingly directed to re-evaluate question nos. 6, 12, 17 and 20 of the History answer script of the writ petitioner by an expert who has not taken up the exercise of evaluating the said answer script on an earlier occasion, within a period of four weeks from date. The respondent no.2 is further directed to ascertain whether after such evaluation, the petitioner equals the marks of the marks obtained by the candidate who was called for the personality test or interview, whichever the case may be, with regard to the post in question."
When the matter came up for hearing on July 30, 2021 another Hon'ble Single Bench of this Court by its Order dismissed the writ petition relying upon the observations of the West Bengal Central School Service Commission appearing at page 89 of the Stay Petition being CAN 1 of 2021.
Mr. Adak submits that the observations at page 89 by the West Bengal Central School Service Commission do not clarify the position with regard to 3 the re-evaluation of his client's answer script. The said Report is not in compliance of the Order dated June 13, 2019 passed by the Hon'ble Single Bench.
Mr. Dey, Learned Counsel, appears for the State of West Bengal.
Prima facie this Court is satisfied that no detailed explanation has been given with regard to the correctness of the re-evaluation of question nos. 6, 12, 17 and 20 of the answer script relying on an independent expert's opinion.
At this interim stage, this Court directs a detailed Report from the West Bengal Central School Service Commission regarding the re-evaluation of question nos. 6, 12, 17 and 20 as directed by the Hon'ble Single Bench on June 13, 2019 enclosing the copy of the Expert's Report on the basis of which the observations were made on August 8, 2019.
The West Bengal Central School Service Commission is also directed to forward to this Court the O.M.R. Sheet of the appellant/the writ petitioner regarding the relevant examination held in 2011. The said documents are to be produced in a sealed cover before this Court on the next date of hearing.
Learned Counsel for the appellant/the writ petitioner shall communicate this Order on Learned Counsel for the West Bengal Central School Service 4 Commission and file proof of service on the next date.
Let the matter appear on September 15, 2022 under the same heading "Application (Gr.-II)".
All parties to act on a server copy of this order duly obtained from the official website of the Hon'ble High Court, Calcutta.
(Lapita Banerji, J.) (Subrata Talukdar,J.)