Calcutta High Court (Appellete Side)
Progya Das vs The Council For The Indian on 1 August, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
01.08.2018
Item No.10
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W.P No. 11709(W) of 2018
Progya Das
- Versus -
The Council for the Indian
School Certificate Examinations & Ors.
Mr. Prasenjit Mukherjee,
Mr. Jahangir Hossain
... For the petitioner
Mr. Sanjay Kumar Baid
... For the respondent nos.1 & 2
Affidavit-of-service filed by the petitioner be kept on record. The present writ petition has been preferred challenging, inter alia, an order dated 8th June, 2018 passed by the Council for the Indian School Certificate Examinations (in short, the said Council).
Mr. Mukherjee, learned advocate appearing for the petitioner submits that the said Council is registered under the Societies Registration Act, 1860 and in terms of the said Act, the said Council is bound to supply information as sought for by the petitioner. He further submits that the said Council is under the control of Director of Education, Delhi, and the examination conducted by the said Council comes within the ambit of public examination as defined under Section 2(s) of the Delhi Education Act, 1973.
Such contention has, however, been disputed by Mr. Baid, learned advocate appearing for the said Council and he submits that a similar issue was decided by a co-ordinate Bench of this Court and it was observed that the said Council is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005.
In reply, Mr. Mukherjee submits that the order passed by the co-ordinate Bench has already been challenged in an appeal and the said appeal is still pending before this Court.
In the said conspectus, I am of the opinion that the answer-scripts of the petitioner pertaining to the Indian Certificate of Secondary Education (Class-X) - Year 2018 need to be preserved.
Accordingly, the respondents are directed to preserve the answer-scripts of the petitioner pertaining to the said examination till the disposal of the present writ petition.
The respondents are directed to file their affidavits-in-opposition within four weeks. Reply thereto, if any, be filed within two weeks thereafter.
The parties would be at liberty to mention the matter for final hearing after expiry of the period as specified above towards exchange of affidavits.
(Tapabrata Chakraborty, J.)