PRASANTA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner hereunder appeared in the Madhyamik Examination conducted by the West Bengal Board of Secondary Education, as a private candidate in the year, 1986 and became unsuccessful. Thereafter, he appeared again in 1987 as a private candidate and he was again declared as unsuccessful. However, upon obtaining the mark -sheet, he applied for review of his answer -scripts by depositing the appropriate fees for the review by a bank draft and completing all formalities for such review as per requirement of law. Ultimately, the result of the review was published and the Petitioner was served with the registered letter dated September 4, 1989 with the mark -sheet where -under he Was declared as passed candidate in third division. Copies of the admit card and the mark -sheet declaring him passed candidate are annexed to the writ petition. Thereafter, he got admission in the higher secondary course in the Bangabasbi Evening College and prosecuted studies for class XI and XII therein. Thereafter he appeared in the higher secondary examination conducted by. the appropriate Council for higher secondary examination and declared as passed in 1994. Copies of the necessary documents are also annexed to the writ petition. Thereafter pursuant to an advertisement made by the Staff Selection Commission, Government of India, the Petitioner appeared in the examination conducted by the Staff Selection Commission. He passed the written test and the department concerned directed him to appear for typewriting test and also to submit the testimonials. The Petitioner complied with all such formalities. After passing higher secondary examination he also got admission in the said evening college under the University of Calcutta, the documents of which are also annexed. Ultimately, he was appointed as Junior Clerk in the office of the Commissioner of Railway Safety, South Eastern Circle by an office order dated June 8, 1993. He also passed examination in Hindi (Probin and Progya) conducted by Griha Mantralaya, Raj Bhasa Bibhag, Government of India in the year 1995 and 1996: The office of the Commissioner of Railway Safety, South Eastern Circle, Calcutta sent him for such studies. The Petitioner was awarded with prize money in cash for getting good results in such examinations. The Petitioner became permanent employee of the Railways. However, he was also allowed for appearance in the examination under the University of Calcutta from the said college where he was prosecuting his studies in the evening college.

(2.) All on a studden on January 31,1996 he was served with notice by the Deputy Inspector General of Police, intelligence Branch, West Bengal for appearing before him on a prescribed date. The Petitioner immediately met with the Officer concerned when the Petitioner was told that he was unsuccessful in Madhyamik Examination conducted by the Board in the year, 1987. The Petitioner produced all the documents in original including the mark -sheet of Madhyamik Examination conducted by the Board, certificate issued by the Board, as well as other relevant documents. The Petitioner repeatedly requested such authority to furnish the memorandum of the Board forwarded to them declaring him unsuccessful but such authorities refused to produce the same. They further stated that he could take the memorandum number and date and inspect the same, but no duplicate will be issued to him. The Petitioner contacted the office of the Board and came to know that under impugned Memorandum No. 36665 dated November 21, 1995 he was stated to be unsuccessful in the examination conducted in the year 1987. According to the Petitioner, issuance of such memorandum in the year; 1995 is not only mala fide and mechanical but also contrary to the statute and also arbitrary in nature. When the Petitioner was declared by them as' a successful candidate in 1987 how he could again be declared as unsuccessful in the year 1995 is not known to him. However, being aggrieved and dissatisfied with the actions of the authorities the Petitioner was constrained to file this writ petition making the State of West Bengal, the concerned Directorate of the School Educations, West Bengal, Board of Secondary. Education, West Bengal. The President, West Bengal Board of Secondary Education, Commissioner of Railways and the Deputy Inspector General of Police as party Respondents therein. It appears to this Court that neither the employer of the Petitioner nor the police authorities contested the proceedings before this Court, Only Respondents No. 3, 4, and 5 being Board of Secondary Education and the concerned President/Secretary filed an affidavit only on August 22, 2003 though the original writ petition had been filed in 1996 and several directions were given to them to file the affidavits. Two orders of the Writ Court at the time of initiation of the writ petition are very important for the purpose of due consideration of this case. Those orders are dated March 26, 1996 and April 25, 1996 respectively.

(3.) On March 26, 1996 a Bench of this Court was pleased to direct the Petitioner to produce the necessary certificates issued by the Board and the envelop addressed to the Petitioner under which the mark -sheet was sent by the Board to the Petitioner. Such documents were produced before the Court. Thereafter the Court was pleased to direct the Deputy Secretary (Examination), West Bengal Board of Secondary Education to make a thorough enquiry in the office of the Board with reference to the aforesaid three documents and submit the report to the Court within the time prescribed thereunder. On April 25, 1996 such Bench observed that inspite of specific direction to hold an enquiry and submit a report no report had been filed by the authority. Such Deputy Secretary (Examination) was directed to appear personally before the Court on a particular date. From the record I do not find what happened in respect of such case till 2003. In the year 2003,. the matter appeared before this Court and by an order dated July 3, 2003 such authority was again directed to enquire and make appropriate submission or be personally present or explain the position in respect of the result of the secondary examination of the candidate before the Court. No report was filed. A register was produced where -under he was shown as a failed candidate with a note on the left hand side giving the year, 1989. The Petitioner's case is that he was declared as a passed candidate after review. Learned Counsel appearing for the Board submitted a file including the report and the photocopy of the same. Various points were noted thereunder indicating that the certificate and mark -sheet were sent directly from the Board by registered post. Instead of going into the controversy at random Court was pleased to supply three documents being mark -sheet of the West Bengal Board of Secondary Education, Certificate of Madhyamik Examination and an envelop containing mark -sheet for forensic test. However, directions were given for filing affidavits. Forensic Department furnished a report signed by Dr. S.K. Mondal, Senior Scientific Officer, Q.D.E. Section, Forensic Scientific Laboratory, Government of West Bengal, Calcutta 700 037 along with the copies of the documents i.e. the envelop, mark -sheet and certificate of the candidate. The same was directed to be kept in the safe custody of the Registrar, Original Side. From the report of the Forensic Department it appears that no sign of tampering viz. erasing, overwriting, addition and alteration was noticed at the said mark -sheet, certificate and envelop. It was further reported that in absence of corresponding specimen mark -sheet, certificate of the West Bengal Board of Secondary Education no opinion could be. given regarding genuineness of the said mark -sheet and certificate.