Rakesh Tiwari, J. - (1.) The appellants being dissatisfied with the order and judgment dated 12th July, 2016 passed by a Writ Court (Single Judge) in Writ Petition no. 1020(W) of 2016 (Ms. Suchandra Roy Another vs. Secretary, Education Department and Another) have preferred this appeal on the grounds that the learned Judge has erred in law in considering the general observations made by the outside examiner appointed vide order of this Court dated 7th June, 2016 wherein the examiner is said to have travelled beyond jurisdiction and that by the order dated 7th June, 2016, the Court was pleased to direct the Board of Studies of the college to appoint examiners from outside its faculties for the purpose of re-examination of module 7.1 of the appellant no. 1 and copy of the report of the external examiners was also not provided to the appellants and hence the general observations in the report which is stigmatic in nature, according to the petitioners, were liable to be quashed. The said report itself which has prejudicially affected the fate of the petitioners would itself make the impugned order dated 12th July, 2016 null and void and non est in the eyes of law.
(2.) It appears from record that the petitioner no. 1 (appellant no. 1 herein) Ms. Suchandra Roy was a student of M.A. (English) in Lady Brabourne College. The aforesaid writ petition had been preferred by her along with her father Mr. Sekhar Roy, being writ petitioner no. 2 (appellant no. 2 herein) against the respondents namely, 1) Secretary, Education Department, State of West Bengal, 2) Registrar, University of Calcutta, 3) Principal, Lady Brabourne College and 4) Public Information Officer, Lady Brabourne College. The petitioners have sought the following reliefs in the writ petition on the allegations that the answer scripts of the petitioner no. 1 for the post graduate course in English had not been evaluated properly which are reproduced below: " a) Writ in the nature of Mandamus directing the Respondents to correct the marks obtained by Petitioner no. 1 in the Examination of M.A. in English literature (Semester system) result declared on 10.10.2015 under the University of Calcutta; b) directing upon the respondents no. 2, 3 and 4 to produce the answerscriptssheets of all the subjects of all four semesters of M.A. in English Literature (Semester system) result declared on 10.10.2015 before this Hon'Ble High Court; c) To give further direction upon Respondents to give xerox copies of all answer scripts/sheets of all subjects of all the four semesters in M.A. in English Literature (Semester system) result declared on 10.10.2015; d) Cost of the petition; e) Pass such other or further order or orders and/or to pass appropriate direction or directions as Your Lordships may deem fit and proper;"
(3.) The Court in the aforesaid circumstances, it appears, had requested the Vice Chancellor of the Calcutta University to constitute a two-member committee in order to mitigate the grievances of the petitioners. The two-member committee constituted by the Vice Chancellor pursuant to the order of this Court dated May 3, 2016 submitted its report on 12th July, 2016 with its recommendation. The relevant extract of the report reads thus: "So the committee feels that technically there should be no reason for the petitioner to have grievance. However, since subjective evaluation of answer scripts is outside the expertise of the Committee, the college may consider re-examining the answer scripts of Module 7.1 of the petitioner if any such application is made. Though the time limit for such application is over and the petitioner who was eligible for reexamination did not apply within the scheduled date, the committee feels that by entertaining application for re-examination at this later stage may restore the confidence of the petitioner upon the system to which she belongs. It is also recommended that in future the college notifies a last date for entertaining applications for self inspection of answer scripts after publication of results and allows self inspection following all procedures. It is further recommended that the college calculates SGPA for each semester examination and prepares mark sheets of each semester for the concerned examinees and calculates the Cumulative Grade Point (CGPA) as the average of the SGPAs of all the four Semester Examinations and shows that in the final mark sheet";