Calcutta High Court (Appellete Side)
Apurba Tribedi vs The State Of West Bengal & Ors on 29 April, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
29.04.2014.
rc
W.P. No. 28034(W) of 2013
Apurba Tribedi
Versus
The State of West Bengal & Ors.
Mr. Kamalesh Jha ... For the Petitioner
Mr. Ram Mohan Pal ... For the State
None appears on behalf of the respondent‐school service
commission when the matter is called on. Let the affidavit of service be kept on record.
This writ application is filed by the petitioner assailing the action on the part of the respondent‐school service commission in considering his candidature in connection with 12th Regional Level Selection Test (AT), 2011. The petitioner participated in the above selection process under general category for the post of Assistant Teacher of physical education from the northern region of the respondent‐school service commission. The petitioner submitted an application dated July 01, 2008 under the Right to Information Act, 2005 for furnishing the following information:‐ "01 How many General candidates are selected for post of Assistant Teacher for Physical Education under Northern Region in 7th RLST ?
02 How many posts are there in the Northern Region for General Category for Physical Education in 7th RLST?
03 What's the marks obtained by Roll No. 25400919 and Registration No. 2045400016."
Though the reply dated August 22, 2008 was sent to the petitioner but the answers of the questions of the petitioner were not 2 available to him. The petitioner submitted the representation dated August 29, 2008 to the respondent‐school service commission by a communication issued under Memo No. 373/2197(iv)/CSSC/ESTT/2009 dated February 20, 2009 . The answers to the aforesaid quaries were not furnished to the petitioenr and the above communication is quoted below :‐ "The West Bengal Central School Service Commission ACHARYA SADAN 11&11/1, Block‐EE, Sale Lake, Kolkata 700 091 Memo No. 373/2197(IV)/CSSC/ESTT/2009 Date:20.2009 From : The Secretary & State Public Information Officer West Bengal Central School Service Commission To : Apurba Tribedi Vill: Ruha, P.O.: Jajan P.S. - Bharatpur Dist - Murshidabad Pin - 742137 Sub : Information sought under Right to Information Act, 2005 Sir, The undersigned is directed to reply as follows Sl.N Query Reply o.
01 How many General 177 candidates were candidates are selected empanelled for post of for post of Assistant Assistant Teacher for Teacher for Physical Physical Education (pass) Education under against General vacancies Northern Region in 7th under Northern Region in RLST ? 7th RLST, out of which 112 were General Candidates.
02 How many posts are 177 poosts were there in the there in the Northern northern Region for the Region for General General category for Category for Physical Physical Educcaation (pass) 3 Education in 7th RLST? in 7th RLST.
03 What's the marks The marks obtained by Roll
obtained by Roll No. No. 25400919 and
25400919 and Registration No. 2045400016
Registration No. is Academic = 20.00, Paper I
2045400016. = 19.00, Paper II =10.00,
Personality Test = 03.50 &
Total 52.50.
Yours faithfully,
Secretary & State Public Information Officer West Bengal Central School Service Commission"
Thereafter the petitioner submitted an application before the respondent‐school service commission for review of his answer scripts by a communication issued . The petitioner was informed that there was no provision in the West Bengal School Service Commission Act, 1997 for review of the answer scripts. Having heard the learned counsel apparing for the respective parties as also after considering the facts and circumstances of this case I find that though initially the information were not supplied to the petitioner on the basis of his application filed under the Right to Information Act, although information were furnished to the petitioner by a subsequent communication dated February 20, 2009.
After perusal of the materials on record I find that the score of the last empanelled candidate for the post in respect of which the petitioner participated in the selection process was 55. According to the information supplied to the petitioner under Right to Information Act his score was 52.50. Therefore, no relief can be granted to the petitioner with regard to the above aspect of the matter.
So far as the question of review of the answer scripts of the petitioner is concerned, no material is produced before this Court to show that there was a scope of such review in accordance with the provisions of West Bengal School Service Commission Act, 1997. The attention of this Court is not drawn towards any error with regard to the decision making process of the respondent‐ 4 school service commission for which inference in course of judicial review is required.
Necessary to point out that the petitioner has not made an attempt to obtain true copy of his answer scripts under the Right to Information Act, 2005.
In view of the above, no relief can be granted in this writ application and the same is dismissed.
This order will not, however, preclude the petitioner to take necessary steps in the matter in accordance with law.
This writ application is, thus, disposed of.
There will be, however, no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.
( Debasish Kar Gupta, J. )