Calcutta High Court (Appellete Side)
Sn Subha Roy vs State & Ors on 5 September, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
212 5.9.13 W.P.11414(W)of 2013
sn SUBHA ROY VS. STATE & ORS.
Mr. Srikanta Datta
.. for the petitioner
Mr. Rajib Kumar Basak
..for the Council
Let the affidavit of service be kept on record.
This writ application is filed by the petitioner
for a direction upon the West Bengal Council of
Higher Secondary Education for review of his
answer script of "Accountancy" in respect of his
Higher Secondary Examination, 2012.
According to the petitioner, he obtained the
above answer script on the basis of an application
filed under Right to Information Act, 2005.
According to the petitioner, lesser marks were
given to him in respect of his answer of the above
subject.
It is submitted by the learned Counsel
appearing on behalf of the respondent Council, on
instruction, that before publication of the result the head examiner review the answer script of the petitioner amongst other answer scripts. The marks awarded to him was increased from 72 to
77. As a result of that pre publication, it is submitted by him that the petitioner was not entitled for post publication review in view of the provision of Clause IX of the Regulation for post publication review of the answer script of Higher Secondary Examination (under new syllabus).
I have heard the learned Counsel appearing for the respective parties and I have considered the fact and circumstances of this case. It is not in dispute that after pre publication review the marks of the petitioner in the above subject was increased from 72 to 77. The allegation of the petitioner of awarding lesser marks in respect of his subjective type answer. A Court sitting in writ jurisdiction is not competent to examine the decision of the examiner. There is no other error in the decision making process so far as awarding of marks in respect of all the answers are concerned. Therefore, no relief can be granted to the petitioner in this writ application.
So far as the question of review is concerned taking into consideration the provision of Clause IX of the Regulation for post publication review of the answer script of Higher Secondary Examination (under new syllabus) read with the mark sheet of the petitioner (at page 29 of the writ application).
This writ petition is therefore dismissed. There will be, however, no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta,J)