- (1.) This writ petition under Article 226 of the Constitution of India has been filed challenging an order dated 29th September, 2015, passed by the West Bengal State Administrative Tribunal, herein after referred to as the learned Tribunal, in an application being Case No. OA 1019/2015. By the aforesaid order the application of the petitioner has been dismissed in view of Section 20 of the Administrative Tribunal Act, 1985 on the ground of existence of alternative remedy of appeal to the State Authority under the Right to Information Act 2005. Section 20 of the Administrative Tribunals Act provides that a Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant Service Rules for redressal of his/her grievance.
(2.) An application is not ordinarily entertained, when there is an alternative remedy. However, the alternative remedy available would have to be an equally efficacious remedy. In exceptional circumstances of urgency, recourse to an alternative remedy would defeat the ends of justice. An application may be entertained by the Tribunal, irrespective of the existence of that alternative remedy and more so when the alternative remedy is not equally efficacious and/or effective remedy. The main examination for selection to the West Bengal Civil Services are scheduled to be commence on 13th October, 2015. The petitioner, an intending candidate appeared for the preliminary examination, which was held on 3rd May, 2015. The result of the preliminary examination was published on 31st July, 2015. The petitioner did not qualify for the main examination.
(3.) The petitioner made an application to the Information Officer of the West Bengal Public Service Commission under the Right to Information Act, seeking the following information; i) Cut off/ minimum qualifying marks (reserved and unreserved category) based on which the result of the subject examination was declared. ii) Provide the Answer keys ( Test booklet series-A) based on which the subject result was declared. iii) Provide a copy of my ( roll No.05006634; Ticket No. 0501121)OMR sheet/answer sheet of the petition which was evaluated for the subject examination. iv) To provide the marks obtained by the petitioner in the subject examination.;