SRUMOYU GHOSH Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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ASHOK KUMAR CHAKRAVARTY -
(1.)The petitioner's case is that in 1992 she appeared in the secondary examination held by the West Bengal Board of Secondary Education and secured 75.66% marks with better marks in three subjects. In the Higher Secondary Examination, however, she having obtained only second division marks having secured only 548 marks she applied for Post Publication Scrutiny of her answer script on all the subjects, namely, English, Physics, Chemistry and Mathematics and submitted the requisite fees. In the Gazette of Post Publication Scrutiny it was declared that the marks obtained by her were correct. It was alleged by the petitioner that there was no proper examination of her answer scripts and a few days before the result was published the answer scripts were found to be moving from door to door of the teachers for the examination of those papers. The petitioner accordingly prayed for review or re-examination of her answer scripts in respect of English, Chemistry, Physics and Mathematics.
(2.)In the affidavit-in-opposition filed by respondents Nos. 4 and 5 it was alleged that it does not necessarily follow that any one would obtain good marks in all successive examinations consistently and that on the proper examination of the answer scripts of the petitioner she was found to have obtained 548 marks and was properly placed in the second division. It was further alleged that under the existing rule of the West Bengal Higher Secondary Education Act, there is no scope for review of any answer papers and what is permitted under the rules is only scrutiny of the same and the petitioner having applied for the same her papers were duly scrutinised and she was found to have obtained the marks which she initially obtained. It was further denied that any answer script of any candidate was taken from door to door for examination by the teachers Alipurduar.
(3.)The petitioner in her affidavit-in-reply have reiterated the statement made in her writ application and alleged that under the laws she has right to get her papers re-examined or reviewed.
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