Calcutta High Court (Appellete Side)
(Krittika Brahmachari vs West Bengal Council Of Higher on 29 April, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
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29.04 2015 rrc W. P. 4534 (W) of 2015 (Krittika Brahmachari Vs. West Bengal Council of Higher Secondary Education & Ors.) Mr. Rabindra Nath Das .....For the petitioner Mr. Subhabrata Dutta Mr. Tapas Kumar Mondal .....For the State Mr. T. Chakraborty .....For the Council It is submitted by Mr. Chakraborty, learned advocate for the West Bengal Council of Higher Secondary Education that the fate of the petitioner's application for post publication scrutiny was informed to her by SMS. This submission is denied by Mr. Das, learned senior advocate for the petitioner. According to him, the petitioner could only receive SMS to the effect that her application was pending. Replying to a query of the Court, Mr. Chakraborty submits that if there be any change of marks upon post publication scrutiny, such change is informed to the Principal of the school/college from where the examinee is sent up. However, if there is no such change, no further intimation is sent.
Be that as it may, it appears from the original mark-sheet produced by Mr. Das that the petitioner could be presumed to
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have been aware of the right to apply for post publication review, which she did not avail of. According to Mr. Das, the petitioner had been to the office of the Council and was advised to apply for post publication scrutiny instead. This version cannot be accepted in view of the clear instructions given on the reverse page of the mark-sheet. The petitioner not having applied for post publication review, there is no question of directing the Council to review her answer-script. However, since the fate of an examinee is involved, I am inclined to direct Mr. Chakraborty to produce the model answers of Bengali, English and Chemistry papers and direct accordingly. Put up the writ petition on 11th May, 2015 under the same heading.
( Dipankar Datta, J. )