SABITADEB BANERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition, styled as a public interest litigation, has been moved by a public-minded citizen who claims to be engaged in active social service. The only grievance is the proposed publication of the higher secondary results on the platform of a private university.

(2.) The higher secondary results of the State are to be published this afternoon. Of the several sites the results are to be published, there is one of Techno India University, which is a private university and with which the State of West Bengal has no other nexus. The writ petitioner complains that it is unfair to allow a solitary private university to publish the results without offering to have the results published by other similarly-placed institutions. The essence of the grievance is that the database pertaining to the higher secondary students would be available to the private university for the private university to exploit the same for its commercial purposes.

(3.) The State takes an initial objection in terms of the rules of this court pertaining to public interest litigation. The State says that Rule 56 of the relevant Rules has not been complied with. On the substance of the matter, the State says that it is nobody's case that a level-playing field has been breached. The State says that even the 2019 higher secondary results were published on Techno India's Website. According to the State, Techno India University was the only private university which approached the relevant council or board and the authorities acceded to Techno India's request. The State emphasises that no other private university or institution approached the relevant authorities with any request to publish the higher secondary results on its website.