Calcutta High Court (Appellete Side)
Miss Aratrika Sarkar vs University Of Calcutta & Ors on 3 August, 2015
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
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03.08.2015
S.L.-8(KB)
W.P. 16750 (W) of 2015
Miss Aratrika Sarkar
versus
University of Calcutta & Ors.
Mr. Joyak Gupta
Mr. Brotindro Mullick
... For the petitioner.
Dr. Sutanu Kumar Patra
Mr. Rajiv Kumar Basak
... For the University.
This writ application has been preferred, inter
alia, praying for re-examination of the petitioner's answer-
script of Chemistry of Bachelor of Science, Part-II,
Supplementary Examination, 2014.
The undisputed facts are that the petitioner
availed admission in the Netaji Nagar College of Women,
Kolkata to pursue the course of Bachelor of Science
(Hons.) in Environmental Science and passed the Part-I
Examination of 2013. Thereafter she appeared in the
Part-II Examination of 2014 but could not secure pass
marks in the subject of Chemistry and in terms of the
Examination Regulations she was allowed to appear in the
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Supplementary Examination pertaining to said subject in
which she was awarded only 22 marks.
In the midst of hearing of the instant writ
application, this Court directed Dr. Patra, learned
advocate appearing for the university authorities to give
inspection of the Chemistry answer-script to the petitioner
and accordingly Dr. Patra produced the original answer-
script and the petitioner took inspection of the same.
Mr. Gupta, learned advocate appearing for the
petitioner submits that the Chemistry answer-script has
not been appropriately examined and that under the
Examination Regulations there is a provision towards re-
examination of the answer-script and accordingly he prays
for a direction upon the university authorities to re-
examine the answer-script of the Chemistry paper.
Dr. Patra, learned advocate appearing for the
university authorities submits that no formal application
towards re-examination of the concerned paper has been
made by the petitioner.
Under the Examination Regulations a candidate
may apply to the Controller of Examinations for re-
examination of answer-script ordinarily within fifteen
working days of the university from the date of publication
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of the result. Records reveal that the last date of filing of
such application for re-examination in terms of the
Regulations was 14th July, 2015 and the writ application
was affirmed before this Court on the said date.
Upon hearing the learned advocates appearing
for the respective parties and upon considering the
material on record, I am of the opinion that the matter
needs to be relegated to the appropriate authority for
consideration of the petitioner's prayer for re-examination
of the Chemistry paper.
Accordingly, the petitioner is directed to make
representation for re-examination of the answer-script of
Chemistry of B.Sc. Part-II, Supplementary Examination,
2014 to the respondent no.4 within a week from date and
upon receipt of the said representation, the said respondent no.4 shall consider the same and shall pass an order, in accordance with law and shall communicate the same to the petitioner within a period of two weeks from the date of receipt of such representation.
It is made clear that such representation of the petitioner for re-examination of the answer-script should not rejected on the ground of delay.
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With the above observations and directions, the writ application stands disposed of.
There shall, however, be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.
(Tapabrata Chakraborty,J.)