Calcutta High Court (Appellete Side)
In Re: Subham Shaw vs The West Bengal Council Of Higher on 15 February, 2018
Author: Tapabrata Chakraborty
Bench: Tapabrata Chakraborty
1 15.02.18 Item No.40 Ct. No.15 Krishnendu W.P. No. 450 (W) of 2018 In re: An application under Article 226 of the Constitution of India filed on 09.01.2018;
And In re: Subham Shaw
-Versus -
The West Bengal Council of Higher Secondary Education and Ors.
Mr. Sattwik Bhattacharyya For the Petitioner Mr. Biswaroop Bhattacharya Mr. Tanoy Chakraborty For the H.S. Council The present writ petition has been preferred inter alia praying for issuance of necessary direction upon the West Bengal Council of Higher Secondary Education (in short, the said Council) to re-evaluate the answer scripts of the petitioner pertaining to the subjects of English-B, Chemistry and Mathematics.
Mr. Bhattacharyya, learned advocate appearing for the petitioner submits that the petitioner appeared in the Higher Secondary Examination-2017 (in short the said examination) and after publication of the results, he was shocked to learn that in the subjects of English-B, Chemistry and Mathematics, he had been awarded marks much less than what he had expected. Though the petitioner had given correct answers following the text books prescribed by the said Council, the authorities have not granted him appropriate marks. In support of such contention, he has drawn the attention of this Court to the documents at pages 27, 33, 39, 46 and 55 of the writ petition. According to him, such whimsical and arbitrary action on the part of the said Council warrants interference of this Court.
2
Per contra Mr. Bhattacharya, learned advocate appearing for the Council submits that the petitioner himself did not choose to apply for post-publication scrutiny of his answer scripts. The entire examination process is over and there is also no provision towards re-evaluation of the answer scripts, as prayed for by the petitioner.
It is well settled that the Writ Court should not sit in appeal over the assessment made by the examiners. The petitioner himself did not apply for post-publication scrutiny pertaining to the concerned subjects and there is also no provision towards re- evaluation of the answer scripts.
In the said conspectus, this Court is reluctant to exercise any discretion in favour of the petitioner and the writ petition is, accordingly, dismissed.
There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties upon compliance of all necessary formalities.
(Tapabrata Chakraborty, J.)