Calcutta High Court (Appellete Side)
Ashis Kumar Sarkar vs The State Of West Bengal & Ors on 4 April, 2013
Author: Biswanath Somadder
Bench: Biswanath Somadder
1
04.04.2013
(PP)
W. P. No. 10765 (W) of 2012
Ashis Kumar Sarkar
Vs.
The State of West Bengal & Ors.
Mr. Dibyendu Chatterjee
.....for the petitioner.
Mr. Sailaja Nanda Bhattacharyya
.....for the State.
Having heard the learned advocates for the parties and
upon perusing the instant application, it appears that the
petitioner's marks have already been re-evaluated based on an
earlier order passed in W. P. 10314 (W) of 2011.
However, the petitioner has now approached this Court
seeking further re-evaluation of his marks, since it transpires that
the marks of the petitioner, upon re-evaluation in terms of the
order of the Court, has now been reduced. This Court, while
passing the earlier order dated 10th January, 2012, in W. P. 10314
(W) of 2011, had directed the concerned authority to take steps to
re-evaluate the answer script of the writ petitioner in terms of the
procedure generally adopted by the concerned respondent
authorities for evaluation of such answer scripts. This Court had never observed that such evaluation would be only an upward re- 2 evaluation. Re-evaluation of the answer scripts has resulted in reduction of the marks that were originally allotted in favour of the petitioner.
In such circumstances, there is no scope for this Court to once again order for further re-evaluation of the answer scripts of the petitioner.
As such, this Court is left with no option but to dismiss the writ petition and the same is accordingly dismissed.
(Biswanath Somadder, J.)