Debarthi Sarkar vs The State of West Bengal and Others

Mr. Biswajit Dey appears for the State, let his appointment be regularized. The appellant was a student under West Bengal State University. She was undergoing Graduation Course in Geography Honours. She is unhappy with the result in Geography (Honours) Part-I Examination where she was given 22 marks out of 100 in one of the papers. According to her, there must be some tabulation mistake and it would be apparent looking at the marks, she obtained in other papers.

She approached the learned Single Judge by filing a writ petition. The learned Single Judge dismissed the same by observing that she should approach the authority under Right to Information Act. Hence this appeal.

Mr. Arindam Banerjee, learned counsel appearing for the appellant strenuously contends that we should allow him to adduce additional evidence being the mock answer script where the appellant answered all the questions again and got it evaluated by a Geography Examiner who remains to be not named.

According to Mr. Banerjee, on conservative estimation the paper was evaluated giving 54 marks out of 100. This would justify her claim of tabulation mistake in her second paper.

We fully appreciate her agony. However, we are constrained to say that we are a wrong forum. We do not have expertise to evaluate her answer script. We cannot direct the University to produce it before us for our evaluation.

Learned counsel appearing for the University in his usual fairness submits that if the concerned student applied under Right to Information Act, as per the direction of the learned Single Judge, the University would definitely assist her by producing the answer script for her inspection upon payment of usual charges and preferably before the process of filling up of forms for Part-II Examination that would start on April 2, 2012.

We appreciate the gesture shown by the learned counsel for the University. However, we cannot extend any blessings as neither we have the competence and/or expertise to evaluate the answer script nor are we the appropriate forum to consider the controversy of the like nature.

The appeal fails and is dismissed. The CAN 2602 of 2012 and CAN 2603 of 2012 are disposed of accordingly.

There will be, however, no order as to costs. Urgent xerox certified copy of this order, if applied for, be given to the parties on priority basis.