BAPPA KUMAR DAS Vs. PRESIDENT OF INSTITUTE OF COST & WORKS ACCOUNTS OF
LAWS(CAL)-2012-6-129
HIGH COURT OF CALCUTTA
Decided on June 28,2012

BAPPA KUMAR DAS Appellant
VERSUS
PRESIDENT OF INSTITUTE OF COST And WORKS ACCOUNTS OF INDIA And ORS Respondents

JUDGEMENT

- (1.) The petitioner enrolled himself for appearing in the foundation course examination conducted by the Institute of Cost and Works Accounts of India (hereinafter referred to as "the said Institute") in December, 2008. He appeared in the said examination but became unsuccessful. Thereafter, he appeared in the foundation course conducted by the said Institute on four occasions successively during 2009-2010 but he could not come out successfully in any of the said four examinations. He accepted his failure in all the four examinations in which he appeared from December 2008, to June 2010. He, however, was not satisfied with the result of the last examination in which he appeared in December 2010. According to him, he did fairly well in the said examination but his answer scripts, particularly, in three papers i. e. (i) Accounting, (ii) Economics and Business Fundamental and (iii) Business Mathematics and Statics Fundamental, were not evaluated properly.
(2.) Thus, being suspicious about incorrect assessment of his answer scripts in those three papers, he applied under the Right to Information Act for Supply of his answer scripts relating to the said examination, for his verification. Pursuant to the said application submitted by the petitioner, all the four answer scripts were supplied to the petitioner by the Institute. On perusal of the Xerox copies of those answer scripts, it was detected by the petitioner that the loose sheets which he utilized in those three papers were not supplied to the petitioner. He claimed that he utilized three additional sheets in each of those three papers but only one loose sheet comprising of four pages was supplied to him along with the Xerox copy of his three answer scripts. It is alleged by the petitioner that the questions which he attempted and the answers given by him to the question written in those missing loose sheets were all correct and had those answers given by him in those missing loose sheets were properly examined then he would have secured more marks in those three papers.
(3.) Fact remains that those missing loose sheets could not be supplied by the Institute.;


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