Calcutta High Court (Appellete Side)
Sri Uttam Sahoo vs The State Of West Bengal & Ors on 15 July, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
15.07.2013.
srm
W.P. No. 19847 (W) of 2013
Sri Uttam Sahoo
Versus
The State of West Bengal & Ors.
Ms. Swagata Datta
...For the Petitioner.
Md. Yamin Ali,
Mr. Manas Kuma Sadhu
...For the State.
Mr. Ekramul Bari,
Mr. S.M. Ali
...For the Respondent Nos.2 & 3.
Let affidavit‐of‐service be kept on record.
This writ application is filed by the petitioner challenging an order passed by the respondent No.4 under Memo No.MSC/RTI/46/13 dated April 3, 2013. By virtue of the impugned order, the prayer of the petitioner for revaluation of his answer script of 1st State Level Selection Test, 2010 (Non‐ Teaching Staff) was rejected on the ground that the revaluation of the answer script could not be done in exercise of power conferred under Right to Information Act, 2005.
Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that the petitioner appeared in the selection process under reference. He was 2 unsuccessful candidate. The petitioner submitted an application dated March 26, 2013 under the Right to Information Act, 2005 (at page 31 of this writ application) for revaluation of his answer script. The respondent authority thereafter passed the impugned order There is no power conferred upon the authority to review answer script in connection with a selection process under the provisions of Right to Information Act, 2005. Therefore, there is no illegality and/or impropriety in the decision making process of the respondent authority in passing the impugned order.
This writ application is, therefore, dismissed.
This order will not prevent the petitioner to take steps with regard to his grievance in accordance with law, if it is so advised.
There will be, however, no order as to costs.
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. )