PRIYANKA KUMARI PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a student of B.Sc. Economics (Honours) in the Bhawanipur Education Society College (hereafter the said college). The said college is affiliated to the University of Calcutta. The petitioner appeared in semester-II of B.Sc. Economics (Honours) under Choice Based Credit System (CBCS), 2018-19 of the University of Calcutta in the year 2019. She passed in all theoretical, practical and internal assessment examinations successfully. However, internal assessment of ENVS-PR (AECC2) project work was, according to the petitioner not properly evaluated and she was declared failed in ENVS-PR (AECC2) project work. She has been awarded only 7 marks out of 30 marks in the said internal assessment. As the petitioner failed to get the minimum pass mark, i.e, 9 marks out of 30 marks, she was declared unsuccessful in SemesterII of the B.Sc. (Honours) Examination. After receiving the result in the official website of the University of Calcutta, the petitioner was in utter shock. On 2nd September, 2019, she made an application to the College Authority for reconsideration/re-evaluation of the ENVS- PR (AECC-II) project work by the teacher-in-charge of the department of geography or any other independent authority, having the experience in the subject, because she felt that she was under marked in the subject although her practical project had good contents. The petitioner stated further that distribution of marks in Environmental Studies is as hereunder:-

(2.) Out of 50 in theory she obtained 34 marks, out of 20 in internal assessment she got 15 marks and out of 30 in practical examination she obtained only 7 marks. Immediately on getting the result of Semester-II Examination the petitioner sent an email to the concerned authorities of the University of Calcutta on 3rd September, 2019 for reconsideration of her marks obtained in practical examination, but the university refused to consider her application. The teacher-in-charge of the said college forwarded an application addressed to the Controller of Examination, University of Calcutta by the petitioner praying for review of her project in the practical examination. Finally on 20th September, 2019 the petitioner received a letter from Dr. Suchandra Chakraborty, teacher-in-charge and came to know that on her request, the college authority sent her project for re-evaluation to Dr. Punarbasu Chaudhuri, Assistant Professor, Department of Environmental Sciences, University of Calcutta. Dr. Chaudhuri reassessed the project work of the petitioner and submitted a report on 7th September, 2019 stating, inter alia, that had he evaluated the said project work of the petitioner, he would have awarded her 12 marks out of 30 marks. Based on the said report submitted by Dr. Punarbasu Chaudhuri, Assistant Professor, University of Calcutta, the college authority requested the Controller of Examination, University of Calcutta for reevaluation. But the Controller of Examination, University of Calcutta orally informed Dr. Subhobroto Ganguly, Associate Professor of the said college that as per CSR No.CSR/07/18 by the University of Calcutta, there is no provision for reevaluation/rechecking of ENVS projects and the petitioner's request for reevaluation of her ENVS project was turned down by the university of Calcutta.

(3.) Under the facts and circumstances made hereinabove, the petitioner has prayed for issuance of writ in the nature of mandamus commanding the respondents to reconsider/reevaluate/reexamine her project work in ENVS-PR (AECC2) of B.Sc. Economics (Honours), Semester-II Examination of 2019 on the basis of the report submitted by Mr. Punarbasu Chaudhuri, Assistant Professor, Department of Environmental Studies, University of Calcutta. The petitioner has also prayed for a writ in the nature of certiorari calling upon the respondents and each of them to certify and transmit to this Court the original records of the case for conscionable justice.