Calcutta High Court (Appellete Side)
Sabari Adak @ Sabari Adak Modak vs The State Of West Bengal & Ors on 5 June, 2023
Author: Aniruddha Roy
Bench: Aniruddha Roy
06.06.2023
sayandeep
Sl. No. 37
Ct. No. 22
WPA 23064 of 2019
Sabari Adak @ Sabari Adak Modak
-Versus-
The State of West Bengal & Ors.
Mr. Biswarup Biswas
Mr. Sayantan Hazra
......for the petitioner
Dr. Sutanu Kumar patra
Ms. Supriya Dubey
.......for the WBCSSC
The petitioner claimed had her answer scripts
been correctly evaluated, she would have come within
the consideration zone for receiving a call for
personality test. The petitioner was an aspirant and
participated in the first State Level Selection Test-
2016 for the subject Philosophy for the post of
Assistant Teacher at classes- XI-XII. The petitioner
was an aspirant under general female category.
The petitioner applied under the provisions of
the Right to Information Act on October 7, 2017
requesting to provide her the OMR answer scripts in
the manner and mode as sought for therein,
annexure P-5 at page-36 to the writ petition. The
petitioner did not receive the same. For wrong
evaluation of one question for one mark, the
petitioner in terms of the notification dated December
2
13, 2016 issued by the respondent No. 2 at page-64
to the writ petition duly submitted her opinion.
Considering the above, it appeared to this Court that the Commission had failed to redress the grievance of the petitioner in terms of the Right to Information Act.
In view of the above, the respondent No. 3 shall file a report in the form of an affidavit in answer to the query of the petitioner raised at page-36 to the writ petition and shall also disclose the copies of the relevant OMR sheet in the event the petitioner is found to be eligible to have such disclosure along with the finally fixed answer keys.
Such report shall be filed by the respondent No. 3 on or before June 30, 2023. The petitioner shall be at liberty to file an exception thereto in the form of an affidavit on or before July 10, 2023.
The writ petition shall appear under the heading "Motion" (Higher Secondary) on July 12, 2023.
(Aniruddha Roy, J.)