SAROJ PODDAR Vs. VICE CHANCELLOR CALCUTTA UNIVERSITY

JUDGEMENT

(1.) In the instant writ petition the petitioners have challenged the way of conducting and/or holding examination of supplementary Bio-Chemistry, First Professional M.B.B.S. Examination Paper, 1995 held in 1996 and prayed for cancellation of the same. The petitioners have also prayed that the results of the said supplementary Bio-Chemistry examination held in July, 1996 for the year 1995 of the first Professional M.B.B.S. under University of Calcutta should not be published.

(2.) The petitioners are all admitted in the M.B.B.S. course after being qualified in the West Bengal Joint Entrance Examination held in 1993 and/or in 1994.

(3.) It is the contention of the petitioners that the panel of examiners for the said examination were appointed by the University authority in violation of rules, regulations, norms, practice and procedure for appointment of panel of examiners and particularly the guidelines issued by the Controller of Examination dated 24th June, 1996 and the Dean. The guidelines have been annexed to the petition. According to the said guidelines several restrictions have been placed upon the examiners which are inter alia as follows :"(a) He or she should not teach Medical student in any private coaching in violation of the circular of Controller of Examination or any relatives.(b) He or she should not teach in a private tutorial or he or she should not teach in private Coaching Centre. (c) That the examiner should not be a retired teacher, engaged in private coaching during the last 12 months in the particular subject.(d) His or her son or daughter or near relation should not be an examinee in the relevant examination.(e) He or she should be acquainted with the syllabus and teaching in M.B.B.S. Course.(f) He should be acquainted with guidelines as determined by the Controller of Examinations and Dean of Medical Sciences for examination of students and putting marks for Theoretical, oral and practical examination."