Calcutta High Court (Appellete Side)
Somiran Das vs The State Of West Bengal And Others on 3 May, 2024
Author: Kausik Chanda
Bench: Kausik Chanda
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Kausik Chanda
W.P.A. No. 20473 of 2023
SOMIRAN DAS
-VERSUS-
THE STATE OF WEST BENGAL AND OTHERS
For the petitioner : Mrs. Usha Maiti, Adv.,
Mr. Sakya Maity, Adv.
For WBCSC : Mr. Pulak Ranjan Mondal, Adv.,
Ms. Bandana Mondal, Adv.,
Mr. Subhrangsu Panda, Adv.
For the State : Mr. Bhaskar Prasad Vaisya, Adv.,
Mr. Suman Dey, Adv.
Hearing concluded on : 26.02.2024
Judgment on : 03.05.2024
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Kausik Chanda, J.:-
This Court entertains the present writ petition, notwithstanding the
strenuous and vehement opposition advanced by Mr. Pulak Ranjan
Mondal, learned advocate appearing for the West Bengal College Service
Commission, to dissuade this Court from disagreeing with an expert
appointed by this Court itself.
2. The background of the case should be briefly narrated.
3. The petitioner participated in the 24th State Eligibility Test
Examination. In the Political Science Paper-II, inter alia, the following
questions were posed:
"82. National Mission for Green India is merged with which of the
following?
(A) Swacha Bharat Abhiyan
(B) National River Conservation Scheme
(C) National Afforestation Programme
(D) MGNREGA-Mahatma Gandhi National Rural Employment
Guarantee Act
....
18. Who among the following can be dubbed as domestic
constructivist scholar?
(A) Alexander Wendt
(B) Peter J Katzenstein
(C) Jurgen Habermas
(D) Both (A) and (B)"
4. The petitioner selected option (C) as the answer for question no.82,
and for question no.18, the answer was option (D).
5. According to the prevailing rules and practices, a notification dated
January 20, 2023, was issued by the College Service Commission,
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requesting all candidates to submit their feedback by January 31, 2023,
regarding the question papers and answer scripts. The petitioner provided
feedback via email on January 31, 2023, suggesting that the correct
answer for question no.18 should be (D). Regarding question no.82, the
petitioner was of the view that the correct answer would be option (C).
6. The College Service Commission has argued that no feedback was
provided by the petitioner regarding question no.82. However, this objection
is disregarded, as it was not raised by the College Service Commission
earlier, despite the matter being heard on several occasions.
7. By an order dated October 11, 2023, this Court requested the Vice
Chancellor of Jadavpur University to appoint an expert to examine the
petitioner's feedback. The College Service Commission was directed to
provide the necessary papers to the expert, and the petitioner was required
to deposit Rs.10,000/- with the caution that if the expert's opinion went
against the petitioner, the College Service Commission would be entitled to
forfeit the deposited amount. Pursuant to the said order, the expert's
opinion was submitted to this Court.
8. The expert opined that the answers provided in the final answer key
by the West Bengal College Service Commission were correct, and he
provided his reasoning for this opinion.
9. For clarity, the expert's opinion is reproduced below:-
"With regard to Q.18 Correct Answer is (B)
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(Who among the following can be dubbed as domestic
constructivist scholar?)
Alexander Wendt is widely recognized as a systemic constructivist,
who claimed that while identity is the deepest level of explaining
state behaviour, and there are both internal and external bases to
identity at the systemic level through the recognition of other
states, which he calls corporate identity. In sharp contrast, Peter
Katzenstein argues that the collective identities are created in
domestic societies by a range of social and political actors who
decide on the significance and meaning to identity scripts and
norms that decide what political identity states prefer at the
national level. Such an identity is contingent, deeply political, and
stands independent of how others recognize it. Hence, while
Wendt keeps domestic identity mechanisms and norms out of the
remit of his analysis, Katzenstein uses the domestic variables to
define state identities.
Hence Peter Katzenstein can be dubbed as a domestic
constructivist scholar.
Relevant excerpt from an authoritative work on 'Constructivism' by
Christian Reus-Smit (pp.217-240) in Scott Burchill and Andrew
Linklater eds. Theories of International Relations, 5th Edition,
Palgrave-Macmillan, New York, 2013."
10. In formulating his opinion regarding question no. 82, the expert
appointed by this Court seems to have drawn upon some newspaper
articles published in the year 2015.
"With regard to Q.82 Correct Answer is (D)
(National Mission for Green India is merged with which of the
following?)
Some leading newspapers of March 15, 2015, available in digital
editions, reported that the National Mission for Green India was
merged with MGNREGA. Excerpt from the report of The Tribune
India is reproduced here.
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https://www.tibuneindia.com/news/archive/nation/green-india-
mission-merged-with-mgnrega-to-reclaim-forest-5873 March 15,
2015.
Green India Mission merged with MGNREGA to reclaim forest
cover.
NEW DELHI: The government has merged the National Mission for
a Green India, which aims afforestation at 10 million hectares of
land over the next decade, with MGNREGA to increase and
improve the country's forest cover.
New Delhi, March 15
The Government has merged the National Mission for a Green
India, which aims afforestation at 10 million hectares of land over
the next decade, with MGNREGA to increase and improve the
country's forest cover.
Modern technology like remote sensing will be used to monitor the
progress of this initiative regularly.
Currently, green works such as water harvesting, afforestation and
farm foresty are undertaken under the Mahatma Gandhi National
Rural Employment Guarantee Scheme implemented by Rural
Development Ministry...
The following links may also be accessed:
https://economictimes.indiatimes.com/news/environment/develo
pmental-issues/Green-India-Mission-converged-with-MGNREGA-
to-reclaim-forest/articleshow/46570739.cms (March 15, 2015)
https://www.deccanherald.com/india/green-india-mission-
converged-mgnrega-2117654 (March 15, 2015)"
11. Mr. Pulak Ranjan Mondal, the learned advocate representing the
West Bengal College Service Commission, has argued that since the expert
appointed by this Court has opined that the answers provided by the
College Service Commission are correct, this Court should not review or
challenge the expert opinion.
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12. In support of his proposition, Mr. Mondal has cited the following
judgments of the Hon'ble Supreme Court reported at (2014) 3 SCC 767
(Ganapath Singh Gangaram Singh Rajput v. Gulbarga University) and
(2011) 9 SCC 645 (Chandigarh Administration. v. Usha Kheterpal
Waie).
13. This Court requested Ms. Dejani Ghosal, another learned advocate,
to appear in this matter on behalf of the Ministry of Environment, Forest
and Climate Change. She was asked to ascertain whether the National
Afforestation Programme has been merged with the National Mission for
Green India (GIM). However, Ms. Ghosal has informed the Court that she
has been instructed that, as the Ministry of Environment, Forest and
Climate Change is not a party to the proceedings, the matter should be
forwarded to the concerned ministry.
14. The learned advocate representing the petitioner, however, has cited
a Notification dated January 30, 2018, issued by the Ministry of
Environment, Forest and Climate Change, in support of their argument.
15. The relevant portion of the said notification is quoted below:-
"No. MoEF&CC (NAEB):1-2/2017-B-I
Government of India
Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan,
Jorbagh Road, Aliganj,
New Delhi-110003
Dated:- 30/01/2018
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ORDER
Subject:- Merger of National Afforestation Programme (NAP) under NAEB and Desertification Cell with National Mission for a Green India (GIM).
In order to enlarge the outlays, eliminate fragmentation of efforts, reduce inefficiencies and optimize the decision making processes as well as impacts to achieve the objectives of increasing forest cover, carbon sequestration/storage, hydrological services and biodiversity, etc., it has been decided, with the approval of Minister of Environment Forest and Climate Change, to merge National Afforestation Programme (NAP) under NAEB and Desertification Cell (DC) with National Mission for a Green India (GIM).
2. The main terms and conditions of the merger of the three schemes viz. GIM, NAP and DC are hereunder:-
(i) The administrative structure of GIM will be adopted for the revamped GIM after merger of NAP and Desertification Cell within its ambit.
(ii) At the Central Level, the National Governing Council, to be Chaired by the Minister of Environment, Forest and Climate Change, will provide overall guidance and maximise synergy with other programmes.
(iii) The National Executive Council, to be headed by Secretary (EF&CC) with Director General of Forests and Special Secretary as Vice Chairman, will consider and approve the Perspective Plans and Annual Plan of operations along with monitoring the programmes vis-a-viz utilization of funds and as well as implementation of three schemes.
(iv) The GIM Directorate, to be headed by Special Secretary/Additional Secretary, will facilitate and ensure smooth implementation of mission at the National Level. He will have the overall responsibility for the mission deliverables and will be supported by a team of experts and secretarial staff.8
(v) At the State Level, the Steering Committee would be headed by Chief Secretary to provide policy guidelines and approve Annual Plan of operations.
(vi) The State Executive Committee, to be headed by Principal Secretary (Forests), will approve District level Annual Plan of operations and provide technical guidelines for preparation of Perspective Plan as well as Annual Plan of Operations for the State along with ensuring convergence.
(vii) At the District Level, the District Steering Committee, to be headed by District Collector, will ensure proper coordination and cohesion between implementation structures like Integrated Watershed Management Programme (IWMP), National Rural Livelihoods Mission (NRLM), Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREG) and Green India Mission (GIM).
(viii) The Executive Committee, to be headed by the Territorial District Forest Officer (DFO) at District Level, will deal with the preparation of Annual Plans for District. However, Conservator of Forests shall coordinate with DFOs on general issues as per guidelines.
(ix) At the Village Level, it will be Gram Sabha and the Committee mandated by Gram Sabha including the revamped Joint Forest Management Committees (JFMCs), which will plan and implement the Mission activities at the village level. The Plans will be approved by the respective Gram Sabhas. In urban and semi-urban areas, Ward Level Committees/Resident Welfare Associations linked to Municipality/Municipal Corporation will have a role in implementation of the Mission activities.
(x) The implementation of the revamped GIM and release of funds will be based on outcomes, not only on performance or activity.
(xi) Measurement, Report and Verification (MRV) of activities and their outcomes through a common reporting system based on digital network will be the basis of payments and release of funds. For this purpose, a digital platform for mapping of forestry related resources will be set up with the help of Forest Survey of India, Dehradun and Indian Space Research Organization (ISRO). The digital platform will be so designated as to network the State GIS Cells and Central 9 database and enable dynamic and MRV (Measurement, Report and Verification) of activities/outcomes under the GIM.
(xii) The revamped GIM would further converge/dovetail itself with other land-based greening/restoration programmes and schemes of related Ministries such as Integrated Wasteland Management Programme; schemes of Animal Husbandry Department, programmes of Renewable Energy, Intensification of Forest Management Scheme, JNURM, National Watershed Mission, Horticulture and Bamboo Mission for synergy.
(xiii) The staff of NAP under NAEB and Desertification Cell will be merged with the GIM Directorate to implement the programmes /schemes/ projects/ activities of the revamped GIM.
Sd/- (illegible) (C.S. Thakur) Under Secretary to the Government of India Tele: 011-24695358"
(emphasis is supplied)
16. Upon careful examination of the aforementioned notification, it is evident that the National Afforestation Programme (NAP) was indeed merged with the National Mission for Green India (GIM).
17. The Legal Monitoring Cell of the Ministry of Environment, Forest and Climate Change could have easily guided Ms. Ghosal based on the memorandum issued by the Department itself. The manner in which the Legal Monitoring Cell of the department evaded the query is regrettable.
This matter should be brought to the attention of the Secretary of the Ministry of Environment, Forest and Climate Change so that the Legal Monitoring Cell acts diligently and responsibly when providing instructions in a Court matter. The Registrar of the High Court shall communicate this 10 order to the Secretary of the Ministry of Environment, Forest and Climate Change.
18. The expert's opinion, stating that the National Mission for Green India merged with the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), is not incorrect. However, what the expert overlooked is the notification dated January 30, 2018, issued by the Ministry of Environment, Forest and Climate Change.
19. This Court is, therefore, of the firm opinion that both options (D) and (C) were correct for question no.82. Therefore, the petitioner rightly chose option (C) for question no. 82.
20. There is no dispute regarding Mr. Mondal's argument that a writ court does not normally review an expert's opinion. In this case, however, the answer to question no.82 does not require specialized knowledge. It is a question of general knowledge with an objective answer.
21. Regarding question no. 18, the petitioner has cited a book titled "International Relations Today - Concepts and Applications", authored by Mr. Aneek Chatterjee from the Department of Political Science at Hooghly Mohsin College.
22. The relevant excerpt from the book, as relied upon by the petitioner, is quoted below:-
"CONSTRUCTIVISM Constructivism is not a new theory in international relations, although it is often highlighted as a new discourse in the study of the subject. After the end of the Cold War, constructivism has been 11 presented in a new light by a group of Western thinkers like Alexander Wendt, Nicholas Onuf, Peter Katzenstein and Friedrich Kratochwil. But the roots of constructivism could be traced back to the eighteenth century in the writings of Italian philosopher Giambattista Vico, who argued the social and world history were shaped by human beings. States were also created by human beings, and relations among states did not develop naturally; they were built by men and women living in states. Contemporary constructivism argues in the same way, although with more sophisticated, and sometimes difficult, terminologies. Constructivism today does not accept the social world as something 'given', as a natural identity. It was created by human beings with their ideas, concepts and thoughts.
Constructivism therefore believes that our social world is not made essentially by material forces, external to human ideas and control; our world is made of human thoughts, beliefs and innovative ideas. Proponents of this theory contradict the material, scientific theories of the world, commonly known as the positivist approach in IR, and prefer instead an ideational view of our world. Human relations, including international relations have been constructed by men and women, because no natural law can govern politics and economics of the world; these are governed through laws devised by human beings. Every material manifestation in international affairs - cooperation, conflict, allies enemies, interests, power -bears meaning given to it by humans. Nothing in international relations is natural, created without human agency; everything is a product of conscious construction by human beings. Social structures, according to Alexander Wendt, are created through human ideas. There can be different, sometimes opposing, social structures in IR, but they are all dependent on human ideas. For instance, a 'security community'- for example, the NATO-is a social structure created by men; as also the 'security dilemma' of states, where one country views the other as its opponent or enemy.
Constructivism focuses on inter-subjective beliefs- such as ideas, assumptions or views-that are widely shared by people. These inter-subjective beliefs shape ways in which people build relations with others and conceive of themselves in society. For instance, the collective assumption of people of country A that country B is not friendly towards them may lead to an adverse relationship between states A and B. Constructivists also try to explore how these relations are formed and expressed. Constructivists like Finnemore and Sikkink have referred to state 12 sovereignty as an expression of inter-subjective belief. According to them, state sovereignty has no definite material reality, but it exists only because people collectively believe in its existence, and act accordingly.
Human relations based on inter-subjective beliefs can be both cooperative and conflicting. There can be agreements or disagreements among people that may lead to cooperation and conflict. Constructivism tries to find out the causes behind such cooperation and conflict. But in its research, the constructivist approach differs from the positivist 'scientific' approach. The emphasis of constructivism in this case would be more on human ideas and beliefs, rather than on the so-called 'material' causes and events, normally advanced by positivists. For a constructivist, cooperation happens because people want to achieve it. In other words, a constructivist may see cooperation as agreements or adjustments of two minds or mindsets. For a positivist, on the contrary, cooperation may take place due to material advantages, such as economic benefits. For a constructivist, idea precedes matter; for the positivist, such as neo-realists, matter precedes ideas. A neo-realist, therefore, would establish anarchy as the reality in international politics; a constructivist, on the other hand, would search the roots of anarchy in human minds.
This discussion on constructivism helps us to identify some important features and leading protagonists of this theory, as are presented in Box 2.15."
23. If we consider the expert's opinion, it presents a different perspective from that of the author of the aforementioned book. Regarding question no. 18, as quoted above, I acknowledge the proposition that an expert's view in a specialized subject should not be interfered with merely because another view is possible. Therefore, I refrain from differing with the expert's opinion on question no. 18.
24. Mr. Mondal has also cited clause 11(xxiv) of the relevant advertisement, which states:-
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"xxiv) No grievance with regard to answer key(s) after declaration of result of SET will be entertained."
25. This clause does not preclude this Court from intervening in cases where the College Service Commission has acted unlawfully, denying a candidate's right. In fact, clause 11(xxvii) of the same advertisement acknowledges the jurisdiction of this Court to hear such legal disputes.
26. In light of the above, this writ petition is allowed with the following directions:
a) The College Service Commission shall add two marks to the petitioner's score in the 24th West Bengal State Eligibility Test Examination, held in 2023. If, after adding these marks, the petitioner meets the qualification criteria for the examination, the College Service Commission shall declare him a successful candidate in accordance with the law.
b) The College Service Commission shall refund Rs.10,000/- to the petitioner together with 8% interest per annum to be calculated from the date of deposit till the date of refund.
27. Accordingly, W.P.A. No.20473 of 2023 is allowed in part.
28. Urgent certified website copy of this judgment, if applied for, be supplied to the parties subject to compliance with all the requisite formalities.
(Kausik Chanda, J.)