SHARMISTHA MAJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In the writ petitions, the petitioners, who applied for being appointed in teaching and non-teaching posts in Government aided schools and had appeared in the Regional Level Selection Test (for short the "RLST") conducted by the West Bengal School Service Commission (for short "the Commission"), have challenged the method of examination or evaluation of their answer scripts and have prayed for its re-examination or re-evaluation. The facts which are common in all the writ petitions are that the petitioners who appeared in the RLST, being dissatisfied with the marks awarded, filed written applications before the Commission under the Right To Information Act, 2005 (hereinafter referred to as "the RTI Act") for having copies of their answer scripts. Consequently, the Commission provided the copies of the answer scripts. Perusing the answer scripts, the common grievance of the petitioners is that the said answer scripts were not evaluated in a proper manner. In support of their respective stand, the petitioners in the writ petitions have tried to demonstrate where the examiners had erred in evaluating the answer scripts. It has been stated that though applications were filed before the Commission for re-examination or re-evaluation of the answer scripts, however, those have been turned down in the absence of specific provisions in the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007 ("the Rules" for short).

(2.) The grievances of the petitioners are that correct answers to questions have been marked to be incorrect and lower marks have been awarded; part marks to part questions have not been awarded properly; while awarding marks, all the correct answers answered by the petitioners have not been taken into consideration and answers given by the petitioners have not been properly evaluated, assessed and marked.

(3.) In some of the petitions, at the time of admission, directions were issued to file affidavits. Affidavits have been filed and are on record. Since issues involved are identical, by consent of the parties, matters have been and are taken up for hearing analogously.