Calcutta High Court (Appellete Side)
175/2013 on 18 November, 2013
Author: Patherya
Bench: Patherya
18. 18.11.2013
sd. Ct. 8. MAT 175 of 2013
Mr. A. Gangopadhyay ..For appellant.
Mr. B. Biswas ..For the respondent.
The order under appeal is dated 10th October 2012. By the said order the writ petitions filed by 16 unsuccessful candidates were allowed, and the appellant herein was directed to re-evaluate the answer scripts of the writ petitioners within a certain period of time.
According to counsel for the Commission, the Rules of the 1997 Act do not provide for re-evaluation of the answer scripts. Under the 2005 Act, however, the answer scripts were given to the writ petitioners.
On hearing this day, it has been candidly submitted by the Counsel for the writ petitioners/respondents that no contempt application has been filed though time to re-evaluate the answer scripts has long expired.
In this appeal the legality of re-evaluation directed will arise for consideration.
Let paper books be filed within three weeks from date. Fifteen Memo of Appeals have been filed without stay application. Let the writ application be filed in the form of supplementary paper book within the time specified above.
In so far as the order dated 10.10.2012 directs re-evaluation within a certain period of time, the said order to that extent alone is stayed for four weeks.
As no affidavit in opposition has been filed the allegation made in the application is not admitted.
( Patherya, J.) (Tapash Mookherjee, J.)