SAYANTIKA SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in this art. 226 petition dated June 14, 2010 is seeking a mandamus commanding the West Bengal Board of Secondary Education to re-mark her Physical Science and History scripts of the Secondary Examination, 2010 she took. According to the petitioner, who passed the exam, her Physical Science and History results are bound to be better than the ones the board has declared. Mr. Roy Chowdhury, counsel for the petitioner, submits that since the petitioner is not entitled to apply for re-marking of the scripts, it will be appropriate to call upon the board to produce the scripts for ascertaining two things: whether the marked scripts are at all available, and whether the examiner has applied any average marking system. Mr. Roy Chowdhury submits that it may be that the scripts have been lost by the board.

(2.) THE petitioner was entitled to apply for scrutiny of the scripts. She did not apply for it. If the petitioner apprehended that the scripts had been lost by the board, she could apply under the Right to Information Act, 2005 for ascertaining whether the scripts were available. It is not for the high court under art.226 to satisfy itself whether the examiners have properly marked the scripts. THE rules and regulations of the board do not permit the petitioner to seek re-marking of the scripts. What she is not entitled in law, she cannot get from the writ court. I, therefore, do not see any reason why the board should be ordered to produce the scripts before this court. For the reasons, the petition is dismissed. No costs. Certified xerox.