PAYEL BAG Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application has been filed by 19 petitioners, inter alia, with a prayer for considering their offline application forms in respect of the selection process initiated by notification dtd. December 23, 2020 by the West Bengal Board of Primary Education, being the respondent no. 2 herein, and to conduct interview of the petitioners and to take necessary consequential steps for appointing the petitioners, being trained candidates, after awarding appropriate marks for the wrong answers given in the answer key of Teachers" Eligibility Test 2014 in respect of six questions. Such appointments are to be given in the post of Assistant Teachers in primary school. On 28th July, 2021 it was observed by this court that the only question with which this court is concerned is whether the petitioners can be declared as persons who have been qualified in Teachers" Eligibility Test, 2014 (TET 2014, for short).

(2.) The petitioners" case, as has been made out in the writ application is, they participated in TET 2014 but they were not successful. Subsequently they filed an application under Right to Information Act for OMR sheets, question papers and answer key which were supplied to them by the West Bengal Board of Primary Education ("the Board", for short).

(3.) After scrutinising the question papers, answer keys and the OMR sheets, as was supplied to them, they found that the answers shown in the answer key in respect of some questions were wrong. Later it came to light that the Board committed error in respect of 6 (Six) questions and answers. The petitioners beside other questions in the question booklet attempted those six questions. They did not get any marks in respect of those six questions and as a result, according to them, they were not qualified in TET 2014. Their submission before this court is that - had marks been awarded to them in respect of those wrong six questions and answers they would have been qualified in TET 2014.