TANUSHREE DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Judgment of the Court was delivered by grievance of the writ petitioner as ventilated in the present application relates to alleged illegal and arbitrary action on the part of the authority in not considering her case relating to the result of the Special compartmental Examination as per sections 25 and 26 of the Calcutta university Act, 1979.

(2.) FACTUAL backdrop of the case is: the petitioner passed Secondary Examination securing 65. 8% marks in 2001. In 2004, she passed the Senior School Certificate Examination securing 60% marks. Though she secured 55% marks in B. Sc. (Hons.) subject, she could not qualify in Chemistry in 2006. She applied for review in respect of the said subject. On 19th March, 2007, Special Compartmental Examination was held for 'chemistry'. On 23rd April, 2007, the B. Sc. (Hons.) Examination was started. On 23rd July, 2007, result of the Special Compartmental examination and B. Sc. (Hons.) was published. Since the petitioner was allowed to appear in B. Sc. (Hons.), Part-II examination held in the month of april, she was under the impression that she duly passed Chemistry in the compartmental Examination held in the month of March, 2007. She did not get the result of the Special Compartmental Examination before the examination of B. Sc. (Hons.) Part-II.

(3.) THE petitioner appeared for admission test on 15th July, 2007 in Post graduate Course in Food Processing and Nutrition at Bengal Engineering and Science University on the basis of her result in B. Sc. (Hons.) Part-I and ii examinations. She successfully passed the said test. She was provisionally admitted in the 1st year Master of Science on 7th September, 2007 in Bengal engineering and Science University. It was only on 29th of July, 2007 that the petitioner came to know that she obtained only 36 marks in the theoretical paper in the Special Compartmental Examination and thus, failed to qualify. The petitioner submitted an application on 16th August, 2007 for inspection of the answer script. She was verbally told that since the Special compartmental Examination was conducted in an abnormal situation, there was no provision for review of the answer script. The State Public Information officer cum Registrar of the Calcutta University informed the petitioner by letter dated 17th September, 2007 that no inspection of any answer script or examination conducted by the University shall be allowed under the Right to Information Act, 2005. The petitioner alleged that her answer script was not properly examined and the Authority-concerned proceeded on hypothetical basis and gave marks according to whims. It was specifically claimed that the petitioner could not secure less than 40% marks if the answer script was properly examined. The petitioner through her advocate approached the Authority for issuance of fresh mark sheet thereby qualifying her in the Special Compartmental Examination. There had been no response whatsoever. The petitioner was informed that her Part-II Examination, 2007 stood cancelled and the information as sought for could not be supplied.