Calcutta High Court (Appellete Side)
Asish Prasad vs The State Of West Bengal & Ors on 6 September, 2017
1
06.09.2017
158)
DC.
W.P. 20056 (W) of 2017
Asish Prasad
Vs.
The State of West Bengal & Ors.
Mr.Siddhartha Sarkar..... for petitioner
Ms. Sampa Sarkar... for respondents
Mr. Md. Yamin Ali Mr. Atarul Haque Molla.... For the State Mr. Prasun Ghosh Mr. N. Seal... for respondent No. 6 Affidavit of service filed today in Court be kept on record. The petitioner passed the Part-I and II of Zoology (Hons.) Examination in 2009 and 2010 from the respondent University. He could not appear in the part- III examination in 2011 because of illness. In 2012 he participated in the Part-III examination. The mark-sheet issued to him showed that he has failed in all the subjects. However, he submits that revised marksheet was issued to him after he made an application under the RTI Act which showed addition of marks to the marks originally awarded to him and taking into consideration such additional marks, it would appear that the petitioner is successful in Part-III examination. The petitioner prays for issuance of the final certificate in his favour.
Ms. Sarkar, appearing for the University submits that a lot of irregular activities have been going on in the affairs of the University including the examination process and like in some other matters, the Court should refer the grievance of the petitioner to the vice-chancellor of the University. Ms Sarkar submits that it is highly improbable that a revised marksheet of the nature relied upon by the petitioner would be issued by the University. 2 Having heard the learned counsel for the parties, I am of the view that the grievance of the petitioner should be referred to the vice-chancellor of the West Bengal State University being the respondent NO. 3 and I accordingly do so.
The respondent No. 3 shall consider the grievance of the petitioner and take a reasoned decision in the matter in accordance with the applicable rules/regulations/circulars/notification within a period of a fortnight from the date of communication of this order to him after giving an opportunity of hearing to the petitioner or his authorised representative.
If the respondent No. 3 is satisfied with the petitioner's case, an appropriate order will be issued by him so that the petitioner's grievance stands redressed.
The decision of the respondent No. 3 shall be communicated to the petitioner within three days from the date of the decision.
I have not gone into the merits of the petitioner's claim.
Since no affidavit-in-opposition has been invited, the allegations contained in the writ petition are deemed not to be admitted.
WP No. 20056 (W) of 2017 is, accordingly, disposed of.
There will be no order as to costs.
Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Arijit Banerjee-J.) 3