Shekhar B. Saraf, J. - (1.) The present writ petition is filed by a minor student who has taken his Madhyamik Examination in the year 2016 challenging the deduction in marks in the subject of English (2nd Language) conducted by the West Board of Secondary Education.
(2.) On the basis of an application submitted by the petitioner by way of Right to Information Act, the true copy of the answer sheet was supplied to him. Upon direction the Head Examiner has filed his report wherein he justifies the deduction of two marks for the answers to Question No. 3(a)(i) and 3 (a) (ii) ('1' mark for each). As per his report the Scrutiny Officer had noticed the mistakes in the answers and under his direction the Scrutiny Officer changed the marks. He further noted in his report that he followed the script minutely and is of the opinion that the candidate did not deserve two marks that had been earlier given.
(3.) Learned counsel appearing on behalf of the petitioner draws my attention to the co-ordinate Bench of this court passed in the matter of 'Mayukh Mandal v. State of West Bengal & Ors.' (W. P. No. 1673 (W) of 2013) wherein the same situation has arisen and the Scrutiny Officer had reduced the marks. The court upon examining the Rules and Regulations and also upon relying on a decision in 'Moniruddin Bepari v. Chairman of Municipal Corporation reported in, 1935 40 CalWN 17 and also a Division Bench judgement in the matter of 'Asian Leather Ltd. & Anr. v. Kolkata Municipal Corporation & Ors., 2007 3 CalHN 476': (AIR 2007 NOC 2192 (Cal)) came to the conclusion that the action of the Scrutiny Officer in making corrections/deduction in marks is not permissible under the Rules.;