AGNIBESH SENGUPTA Vs. STATE OF W. B.

JUDGEMENT

(1.) Having heard the learned advocates appearing on behalf of the parties, it appears that the grievance of the writ Petitioner is in respect of marks secured by him in the Higher Secondary Examination held in the year 2009. According to the writ Petitioner, he has been awarded low marks in Bengali, Physics and Biological Science papers in the said examination.

(2.) The instant writ petition has been filed in this Court on 3rd December, 2009, whereas the result of the writ Petitioner was published by the West Bengal Council of Higher Secondary Education (hereinafter referred to as the 'Council') on 28th May, 2009. It also appears that the writ Petitioner applied for post-publication scrutiny of his answer scripts through Bikna Khirode Prasad Smrity Vidyapith, Bankura, but the result showed no change of marks and the position remain unaltered. The post-publication scrutiny result, according to the writ Petitioner, was received by him through the concerned school on 18th July, 2009.

(3.) Learned advocate appearing on behalf of the Council submits that as per the extant Regulations and applicable Rules, the Council cannot preserve the answer scripts of the candidates who appear in the Higher Secondary Examinations, indefinitely. The time frame for preservation of answer scripts is six months from the date of publication of the result. He further submits that even if a candidate applies for post-publication scrutiny of his/her answer scripts, the preservation of those answer scripts is limited to a time frame of three months from the date of publication of the result of such post-publication scrutiny. He submits that in the instant case, the writ Petitioner has approached this Court in December, 2009, whereas, admittedly, he received the post-publication result from the concerned school on 18th July, 2009, as stated in paragraph 6 of the instant writ petition.