JITENDRA NATH BANERJEE Vs. WEST BENGAL BOARD OF EXAMINATION FOR ADMISSION TO MEDICAL ENGINEERING AND TECHNOLOGICAL DEGREE COLLEGES

JUDGEMENT

(1.) The petitioner No. 1 who is the guardian and father of the petitioner No. 2, Sri Jayanta Banerjee and the petitioner No. 2 who appeared in the Joint Entrance Examination held in 1982 by the West Bengal Board of Examination for admission to Medical, Engineering and Technological Degree Colleges, moved this writ application assailing the legality and validity of the Constitution of the said Board of Examination as well as the illegal and arbitrary procedure adopted by the Board of Examiners in the matter of assessment of the examination papers submitted by the candidates appearing in the said examination and also in the matter of conducting and publishing the results of the Joint Entrance Examination held in 1982.

(2.) The salient facts as appeared in the writ petition in brief are as follows : the petitioner No. 2 applied with registration fee to appear in the Joint. Entrance Examination to be held in 1982 and his registration number in the said examination is M/GAS-114. The admit card issued to the petitioner in respect of the said examination was annexed as annexure 'C' to the petition. The petitioner No. 2 duly appeared in the said examination and answered all questions to his greatest satisfaction. He expected to do better in the said examination and he also expected to be within the successful candidates in order of merit for being admitted in the medical colleges. It has been pleaded that the result was first published on 30th June. 1982 but immediately after publication the list was hurriedly withdrawn for republication later on. The list was subsequently published in July, 1982 and in that list petitioner's name did not appear. It has been stated that the Board does not follow any system to afford an opportunity to the aggrieved student for review, re-examination and/or scrutiny of his or her answer scripts. It has also been pleaded that there was a great difference in the result published in the first blush and in the results that was published in the second time, thereby giving room for serious doubts of arbitrariness, discrepancy, malpractice and utter discrimination at the behest of some persons of influence having vested interest. There has been serious resentment amongst students who appeared in the ensuing examination, examiners connected with the examination, guardians, educationists and people in general as to the mala fide and arbitrary mode of conducting and publication of the result of Joint Entrance Examination, 1982 held by the West Bengal Board of Examination for admission to Engineering, Medical and Technological Decree Colleges. It has been pleaded that the answer scripts of the students were not properly and fairly examined and there is discrimination in the matter of tabulation of marks and in publication of the list of successful candidates. It has also been stated that grace marks have been given to the tune of sixty in number without having any declared policy, rules, norms, procedure and lawful practice. It will be evident if all the relevant documents including answer scripts, tabulation sheets, selection papers and connected marksheet are produced before this Hon'ble Court, that there has been gross injustice, unfairness, arbitrary discrimination, undue favouritism, sacrificing all norms and procedures of fair examination system to the greatest prejudice and injury to the case of the students in general and to the case of the petitioner No. 2, in particular. In spite of repeated asking the authority refused to review the answer scripts on the plea that there was no such rule for review or disclose of the marks obtained by the examinees. As such the instant application has been made in a representative capacity on behalf of the unsuccessful candidates as well as on behalf of the petitioner himself. This application was moved on 30th July, 1982 whereon this court directed the petitioner to serve copies of this application on the respondents and on interim order was made in the meantime restraining the respondents from giving effect to the impugned results of Joint Entrance Examination held in 1982 and they were further directed to produce the results that was published first on 30th of June, 1982 as well as the subsequent results before this court on that day. The respondents were further directed to preserve all the papers of the examinees.

(3.) On 4th August, 1982, after hearing the learned Advocates for both the parties eight applications for addition of parties were allowed and they were directed to be added as petitioners to the original writ application and the cause title of the petition was directed to be amended. On 5th August, 1982 two other applications for addition of parties were also allowed and the petitioners of those applications were directed to be added as party petitioners. On 11th August, 1982 also several applications for addition of parties filed up to that date were allowed and the applicants in all those applications were allowed to be added as party petitioners.