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Calcutta High Court (Appellete Side)

Kamal Debnath vs The State Of West Bengal & Ors on 1 April, 2024

01.04.2024
Item No.32
Court No.18
    AJ.
                         IN THE HIGH COURT AT CALCUTTA
                     CONSTITUTIONAL WRIT JURISDICTION

                                      W.P.A. 21855 of 2023

                                 Kamal Debnath
                                       -Vs-
                         The State of West Bengal & Ors.

                         Mr. Sanjib Das.
                                  ......for the petitioner.

                         Dr. Sutanu Kumar Patra,
                         Ms. Supriya Dubey.
                                     ......for the WBCSSC.

                     Affidavit of service filed on behalf of the petitioner

              be kept with the record.

                     The petitioner participated in the 12th Regional Level

              Selection Test(AT), 2011 (12th RLST(AT), 2011 in short) for

              recruitment        of     Assistant    Teachers      in   Government

              Sponsored/Aided Schools in the subject History (Pass) but he

              was unsuccessful. He applied under the Right to Information

              Act, 2005 to get his result and the answer script (OMR) in

              the said selection Test.

                     The         West       Bengal    Central      School   Service

              Commission supplied the said information sought for along

              with the copy of the OMR.

                      Mr. Das, learned Advocate for the petitioner

              complains that the information so supplied is defective

              inasmuch      as        instead   of   information    regarding   12th

              RLST(AT), 2011, information is provided regarding 12th

              RLST(AT), 2016.

                     Mr. Das, referring to different orders of the Co-

              ordinate Bench further submits that the petitioner should be
                               2




given additional marks in respect of wrong questions in the

said Test.

        Dr. Patra, learned Counsel for the West Bengal

Central School Service Commission submits that mentioning

of the 12th RLST(AT), 2016 in the information supplied to

the petitioner is a typographical error.

        Having heard the learned counsel for the parties and

on perusal of the record, it appears that the mentioning of the

12th RLST(AT), 2016 in the information supplied to the

petitioner is a mere typographical error as it would appear

from the copy of the OMR annexed with the said

information.

        Moreover, no case for grant of additional marks for

wrong questions in the said Test has been made out in the

writ petition.

        WPA 21855 of 2023, for the aforesaid reasons, is

dismissed without any order as to costs.

        It is made clear that since no affidavit has been

 invited, the allegations made in the said writ petition are

 deemed to have been denied by the respondents.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)