Calcutta High Court (Appellete Side)
Pg. Hedayet Hossain & Ors vs The State Of West Bengal & Ors on 11 September, 2013
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
04 WP No. 10385 (W) of 2013
11.09.2013
pg. Hedayet Hossain & Ors. Vs. The State of West Bengal & Ors.
Ms. Husn Ara Begum
... For the petitioners
Ms. Mousumi Bhowal
... For the Council
Having heard the learned advocates for the parties and
upon perusing the instant application as well as the report
in the form of an affidavit, it appears that all the four
petitioners participated in the recruitment process for the
post of assistant primary school teachers under the District
Primary School Council, Cooch Behar, in the year 2009. In
the report filed on behalf of the Chairman, District Primary
School Council, Cooch Behar, it has been stated, inter alia,
to the effect that all the four petitioners obtained marks
below the cut-off marks and, as such, they were not
empanelled for the posts-in-question. The petitioners have
prayed, inter alia, for a writ in the nature of mandamus
commanding the concerned respondent authority, namely,
the District Primary School Council, Cooch Behar, to produce their answer sheets of subjective test for re- evaluation along with the answer sheet of the last selected candidate. Such prayer cannot be granted in the facts and 2 circumstances of the case where it is apparent that the petitioners were unsuccessful in the selection process. The writ Court cannot sit in appeal over the subjective evaluation of answer scripts by experts. That apart, it is well settled in law by now through several pronouncements of the Supreme Court as well as the High Courts that an unsuccessful candidate cannot turn around and challenge the selection process, belatedly.
For reasons stated above, the writ petition is liable to be dismissed and is accordingly dismissed. Dismissal of the instant writ petition shall, however, cause no prejudice to the rights of the petitioners in respect of the provisions contained under the Right to Information Act, 2005.
Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.
(Biswanath Somadder, J.)