SAMIR DAS Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2017-5-136
HIGH COURT OF CALCUTTA
Decided on May 19,2017

SAMIR DAS Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Tapabrata Chakraborty J. - (1.) The instant public interest litigation has been preferred, inter alia, praying for a direction upon the Central Bureau Investigation to investigate into the illegalities perpetrated by the West Bengal Joint Entrance Examination Board (hereinafter referred to as the said Board) in conducting the West Bengal Joint Entrance Examination (Medical), 2016 (hereinafter referred to as WBJEEM) in collusion with the Al-Ameen Mission Study Circle being the respondent no.6 herein.
(2.) Mr. Banerjee, learned advocate appearing for the petitioner submits that though the WBJEEM examination was completed in the month of July, 2016, no steps were taken towards publication of the result. Aggrieved thereby, a public interest litigation was preferred being W.P. No.17757 (W) of 2016 and the same upon contested hearing was disposed of directing the said Board to publish the result within 10 days from date in accordance with Rule 8.2 published in the Information Brochure for WBJEE-2016 in respect of first 4000 candidates. In compliance of the said order, the merit list was published on 9th September, 2016. From the said merit list it transpired that from the examination centres, namely, Satragachi Kedarnath Institution, Budge Budge Institution of Technology, Nehru Balika Vidyalaya, Seacom Engg College Sakrail, Om Dayal Group of Institution and Centre Code No.581612, 117 candidates, 141 candidates, 98 candidates, 86 candidates, 118 candidates and 123 candidates from the respective examination centres were successful to find place in the final merit list. Astonishingly, all the said candidates were found to be students of a coaching centre, namely, Al-Ameen Mission Study Circle being the respondent no.6.
(3.) He further submits that the respondent no.6 is a coaching centre mainly for minority community students. The office address of the said respondent no.6 is at Park Circus whereas its registered office is at Howrah. The candidates of the respondent no. 6 hailed from various districts of the State. Surprisingly, though they were pursuing 10+2 course in schools within their respective residential districts, all of them appeared in WBJEEM only from the six specific examination centres stated above and the percentage of success of the said candidates is very high. It would also be alarming to note that the total number of students from the respondent no.6 who have qualified in WBJEEM Examination has enhanced from 49 candidates in 2009 to 1301 candidates in 2016. Such statistics leads to a strong presumption of connivance, conspiracy and a deep rooted unholy nexus among the said Board and the respondent no.6 warranting a detailed investigation by an independent authority.;


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