Tapabrata Chakraborty, J. - (1.) Shorn of unnecessary details the facts are that the petitioner appeared in the 10th Level Madrasah Examination, 2015 (hereinafter referred to as the said examination) conducted by the West Bengal Board of Madrasah Education (hereinafter referred to as the said Board). The examination was held in the month of February, 2015. The results were published on 18th May, 2015. From the mark sheet the petitioner came to learn that he obtained 68 marks in Bengali, 77 marks in English, 73 marks in Mathematics, 81 marks in Physical Science and 65 marks in History. Along with such written test marks the marks towards oral/project/practical was added and in all the said subjects he was given 10 marks in such oral/project/practical test. After receiving the mark sheet the petitioner was not satisfied of the marks given and as such he made an application to the respondent no.3 for re-valuation on 14th October, 2015 and in reply the petitioner was informed by a letter dated 17th December, 2015 that the Board does not have any provision to evaluate the answer scripts after PPR / PPS. In the midst thereof the petitioner applied for Post Publication Review in the subjects of Bengali, Mathematics and History and it was reported on 5th August, 2015 that there is no change in the marks. Thereafter, the petitioner also made applications under the Right to Information Act, 2005 asking for supply of xerox copies of the answer scripts in the four subjects and the petitioner was handed over the same. From the answer scripts the petitioner came to learn that his marks in all the said four subjects were reduced. In the subject of Bengali he was initially given 72 marks which was curtailed to 68 marks. In the subject of History he was initially given 67 marks which was curtailed to 65 marks. In the subject of Mathematics he was given 78 marks which was curtailed to 73 marks and in the subject of Physical Science he was given 88 marks which was curtailed to 81 marks.
(2.) Mr. Pal, learned advocate appearing for the petitioner submits that under the provisions of the West Bengal Board of Madrasah Education Act, 1994 (hereinafter referred to as the said Act of 1994) there is no provision for re-checking. In support of such contention, he has drawn the attention of this Court to Sections 18, 19 and 20 of the said Act of 1994.
(3.) According to him the fact that there is no such provision towards re-checking stands admitted by the respondents in as much as the respondent no.3 himself in the letter dated 17th December, 2015 has stated that apart from PPR / PPS the Board does not have any provision to evaluate the answer scripts. In the absence of any authority to re-check the answer scripts the said Board and the examination committee could not have rechecked the petitioner's answer scripts prior to publication of the results.;