SHBAVANI GHOSH (MISS) Vs. THE WEST BENGAL BOARD OF EXAMINATION FOR ADMISSION ENGINEERING, MEDICAL AND TECHNOLOGICAL DEGREE COLLEGES

JUDGEMENT

(1.) This writ petition is directed against the alleged illegal and arbitrary allotment of marks to the Petitioner in the Joint Entrance Examination in 1993 held on 24th and 25th April, 1993.

(2.) The Petitioner's case is that she having initially obtained'594 marks in the Higher Secondary Examination for which she was placed in the second division she applied for reassessment of the answer scripts and upon reassessment she was given 651 marks as a result of which she was placed in the first division. The Petitioner has consistently a good academic career. She was awarded Scholarship at Class VI and National Scholarship at the stage of Class VIM. She also obtained National Scholarship in the Madhyamik Examination. She appeared in the Joint Entrance Examination in 1993 but her name did not appear in the list of successful candidates. In the Joint Entrance Examination she was confirmed that she would do well because in Medical papers, namely, Chemistry, Physics and Bio -Science she answered to the best of her ability but the authorities did not make correct assessment of her answer scripts. It is also alleged that as there is no scope for review and/or re -assessment of the Answer Scripts so there is every possibility that the answer scripts of the Petitioner were not properly valued or examined. The Petitioner, has accordingly alleged that unless the answer scripts in Medical Group are reexamined and/or reassessed by proper authorities the Petitioner will suffer irreparable loss and injury. The Petitioner has accordingly filed this writ application for a writ in the nature of Mandamus commanding the Respondents to admit the Petitioner in any Medical College after reviewing and/or reassessing the Answer scripts of the Petitioner on the last Joint Entrance Examination in 1993, and also prayed for a writ in the nature of Certiorari directing the Respondents to produce the records or necessary papers of this case to this Court.

(3.) In the affidavit -in -opposition Respondent No. 1 has denied the allegations of the Petitioner. Its main contention, however, is that since the Petitioner has not given any particulars forming the basis of her allegations in support of the prayer for issuance of a rule she would not be entitled to any assistance of the writ Court. It was also alleged, that the Board only provides the merit list of the Entrance Examination to the Central Selection Committee/Jadavpur University, and the final selection rests with them. The Board does not publish nor communicate the result to any individual applicant and it does not have any provision for post -publication scrutiny and review and hence will not entertain any such application. Copies of the above rules framed by the Board for Joint Entrance Examination, 1993 were supplied to all candidates along with the application form and the Petitioner accordingly sat in the examination with full knowledge of the rules. It was also alleged that there is good deal of difference between the Admission Test and Qualifying Examination. In case of qualifying examination there is provision for review and post publication scrutiny, but in admission test it is not feasible to provide for the same since on the basis of the result of the Joint Entrance Examination the candidate will be admitted to the Engineering/Medical or Technological Degree Colleges where admission will have to be made within a particular date. If after the admission test, review or post publication scrutiny of answer scripts have to be made, it would almost be impossible to complete the work of admission, and consequently the academic session of the Medical, Engineering and Technological Decree Courses cannot be started within the due date and completed within the prescribed period. It was further alleged that after the Joint Entrance Examination is held by the Board, the marks are tabulated by the different tabulators who are the teachers of Engineering, Technological and Medical Degree Colleges. In the meantime, requisitions are obtained from Medical and Engineering Colleges specifying the number of candidates, according to the merit in the Joint Entrance Examination which would be sent to them to enable them to make their own selection. The Respondent has given an elaborate procedure by which the secrecy of the answer scripts is maintained. It was alleged that in such circumstances no maneuvering in respect of any answer script is possible. The Respondent has accordingly prayed for dismissal of the application.