Calcutta High Court (Appellete Side)
Rana Pratap Singh vs The State Of West Bengal & Ors on 11 October, 2018
1
4 11.10.18
Sc
W.P.S.T. 70 OF 2018
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Rana Pratap Singh
-vs.-
The State of West Bengal & Ors.
Mr. Subir Sanyal Ms. Sumouli Sarkar.
......For the Petitioner.
Mr. Kishore Dutta Mr. Shraboni Sarkar.
......For the P.S.C. Mr. Dutta, learned Advocate General representing the Public Service Commission, West Bengal (hereafter the Commission) admits that errors having crept in, in the process of evaluation, the key answers have been rectified. According to him, after effecting rectification to the key answers, the OMR answer-sheet of the writ petitioner was re-evaluated and it was found that he is entitled to an increase of 15.97 marks and thereby the total marks obtained by him in the selection examination comes to 658.95, which is much lower than the marks obtained by the last candidate (760 marks) who was recommended for appointment in Group - A service. In his usual fairness, Mr. Dutta does not dispute that the answers of the 66 candidates, who have been recommended for appointment, also need to be re-evaluated bearing in mind the rectified key answers.
We grant liberty to the Commission to undertake such an exercise and report to us by the next date of hearing in regard to the marks obtained by them. Since the State has not presented any writ petition challenging the order dated February 28, 2018 passed by the tribunal, one post in Group - A service and one post in Group - C service shall not be filled up by the State without obtaining our leave. Whether or not the writ petitioner shall be entitled to exercise choice of appointment, would obviously depend upon the exercise to be undertaken by the Commission in terms of this order and we propose to pass further order on such claim of the writ petitioner after 2 being apprised of the marks that each of the 66 selected candidates would be entitled to, in terms of the rectified key answers.
The point of maintainability of the writ petition, raised by Mr. Dutta is, however, kept open.
Supplementary affidavit, filed in Court today, shall be retained with the records. ACO Put up the writ petition on November 19, 2018 as a part-heard matter.
(Protik Prakash Banerjee, J.) (Dipankar Datta, J.)