Calcutta High Court (Appellete Side)
Sohag Khan vs The State Of West Bengal & Ors on 1 October, 2013
Author: Debasish Kargupta
Bench: Debasish Kargupta
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01‐10‐2013
S.L. No 130.
S.D.
W.P. 28704 (W) of 2013
Sohag Khan
Vs.
The State of West Bengal & Ors.
Mr. Subasish Majumder ....For the Petitioner.
Mr. Anami Sikdar
Mr. Mirza Kamruddin
...For the State.
Mr. Ranajit Kumar Chatterjee ....For the Council.
This writ application is filed by the petitioner for a direction
upon the Council of the Higher Secondary Education for reviewing
his answer scripts of Bio‐Science, Mathematics, Physics and Optional
Elective Chemistry in connection with his Higher Secondary
Examination 2013.
Mr. Ranajit Kumar Chatterjee, learned counsel appearing on
behalf of the West Bengal Council of the Higher Secondary
Examination submits, on instruction, that the petitioner applied for
post publication scrutiny of his above answer scripts. According to
Mr. Chatterjee, post publication review is not permissible in this case
in view of the provisions of Clause (iv) of Regulations for post
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publication review of answer scripts of Higher Secondary
Examination (under New Syllabus).
The above Regulation was published by a Notification No.58‐
SE(H.S.)/8C‐2/99, dated May 13, 2012 and the same is quoted below:‐
"No. 58‐SE (H.S.)/8C‐2/1999 Kolkata, the 13th May, 2010.
In exercise of the power conferred by clauses (g), (h), (i ), (j)
and (k) of Sub‐Section (2), read with Sub‐Section (3), of Section 21 of
the West Bengal Council of Higher Secondary Education Act, 1975
(West Bengal Act VIII of 1975), the West Bengal Council of Higher
Secondary Education, with the approval of the State Government,
hereby makes the following regulations:‐
Regulations for post publication review of answer
Script of High Secondary Examination (under New Syllabus)
A Candidate appearing at H.S. Examination may apply for
Post Publication review of his/her answer‐script(s) in a prescribed
format within 15 days from the date of publication of the result
through the Head of his/her Institution subject to the provision as
laid down hereunder.
i) Application fee for review is Rs.100/‐ (one hundred)
only for each subject.
ii) Application for review shall be restricted to theoretical
subject only.
iii) Grade secured in Environmental Education shall not be
taken into account in order to determine the eligibility
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for review and there shall be no review in
Environmental Education.
iv) Application for review may be made in subjects for
which Post Publication Scrutiny (PPS) is not sought for.
v) Application for review may be made for a maximum of
two subjects provided that the marks obtained in the
subjects(s) for which review is sought for cannot be less
than 20."
In view of the above provisions, no relief can be granted to the
petitioner in the matter of directing the respondent Council for post
publication review of his answer scripts. This writ application is, therefore, dismissed. There will, however, be no order as to costs. Urgent photostat certified copies of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta, J.) 4 5 6 7 8