Calcutta High Court (Appellete Side)
Samrat Sengupta vs State Of West Bengal & Ors on 25 June, 2014
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
25.06.2014
srm
W.P. No. 17745 (W) of 2014
Samrat Sengupta
Versus
State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya,
Mr. Sudipta Dasgupta
...For the Petitioner.
Mr. Abhijit Gangopadhyay
...For the SSC.
Mrs. Jyotsna Roy Mukherjee
...For the State.
Let affidavit‐of‐service be kept on record.
This writ application is filed against the impropriety in the decision
making process followed by the West Bengal Central School Service
Commission in awarding marks to the petitioner in Work Education (P)
subject test (Part‐I) of the petitioner in connection with 12th Regional Level
Selection Test (AT), 2011.
According to the petitioner, he obtained 23 marks in the above
examination. After obtaining the true copy of the above answer script of the
petitioner under the Right to Information Act, 2005 it was detected by him that
the above total marks was reduced to 20.5 by the scrutineer after review of the
marks in respect of question Nos.6 and 11.
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The hearing of this matter stands adjourned on the prayer made on
behalf of the respondent‐School Service Commission.
Let this matter appear in the Daily Supplementary Cause List on July 9, 2014 under the same heading.
The respondent‐School Service Commission is directed to produce the aforesaid answer script of the petitioner in original before this Court on the next date of hearing.
Upon prima facie consideration of the case made out by the petitioner that the scrutineer has no right to review the answer script of an examinee, I find that the petitioner has not only made out an arguable case but the balance of convenience and/or inconvenience is in favour of passing an interim order in his favour. The respondent‐School Service Commission is directed to keep one post vacant under the category for which the petitioner participated in the above selection process till July 30, 2014 or until further orders whichever is earlier.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )