Calcutta High Court (Appellete Side)
Pg (Papre Nath vs The State Of West Bengal & Ors.) on 13 February, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1 27 13.02.2015
W.P.2592(W) of 2015 pg (Papre Nath vs. The State of West Bengal & Ors.) Mr. Anindya Sundar Chatterjee......for the petitioner Mr. Jahar Dutta...................for the State The petitioner was an examinee of Higher Secondary Examination, 2014 conducted by the West Bengal Council of Higher Secondary Examination (hereafter the 'Council'). She is aggrieved because 18 marks out of 80 marks have been awarded to her in the paper on Chemistry.
The petitioner had applied for post publication scrutiny of such answer script whereupon she was informed of no change. Thereafter the petitioner had applied under the Right to Information Act and obtained a copy of the relevant answer script. On the basis of perceived defective assessment of the answer script, this writ petition has been presented by the petitioner seeking a direction on the Council to re- evaluate and/or re-examine the answer script.
Regulations for post publication review of answer script of Higher Secondary Examination, framed by the Council with the approval of the State Government (published in the official gazette on June 15, 2010) has been placed before this Bench. It appears that the petitioner could have applied for review of the answer script but it is submitted on her behalf that both scrutiny 2 and review cannot be applied for in respect of the same paper and that is the reason why the petitioner could not apply for review. According to the learned advocate representing the petitioner, she ought to have been awarded more marks than what have been actually awarded.
This Bench has perused the answer script of the petitioner and examined the relevant regulations. It is worthy of being noted that the regulations are not under challenge.
The petitioner having submitted to the system of examination conducted by the Council is bound by the same. The regulations of the Council do not provide for re-examination, if a scrutiny of the answer script of the same paper has been asked for. This Bench cannot also reframe and/or rewrite the regulations of the Council. If indeed there had been tabulation error and such error had been pointed out to this Bench, judicial review would have been intrusive. However, in respect of assessment of answers written by an examinee, the assessment made by the examiners has to be respected. It is settled law that in respect of academic matters like these, the writ Court ought to stay at a distance. Unless the assessment is shown to be patently arbitrary and/or manifestly illegal, interference ought not to be made. This Bench is not an expert on the subject and tinkering with the academic decision of the examiner would be an 3 impermissible exercise of power.
There is no reason to interfere. The writ petition stands dismissed, without costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)