VIKRAMJIT SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 26-4-1996 passed by a learned single Judge of this Court in C.C. 783 (W) of 1996.

(2.) Mr. Ahmed, learned counsel appearing on behalf of the appellant submitted that the petitioner had reasons to believe that his answer scripts are not available and he wanted an inspection thereof. The learned counsel further pointed out that during hearing before the Controller of Examination, he wanted a representative to represent his case which was denied. Mr. Roy Chowdhury, learned counsel appearing on behalf of the respondents No. 2 to 4, on the other hand, brought to our notice an order passed by the Controller of Examination dated 6th December, 1995, from a perusal whereof it appears that the said authority satisfied itself as regards existence of the answer scripts of the candidate and he further satisfied himself that there is nothing to interfere. It is only in the aforesaid situation, the learned trial Judge refused to exercise his jurisdiction.

(3.) When the matter was taken up, Mr. Roy Chowdhury has produced before us the answer scripts. It is, therefore, clear that the answer scripts of the petitioner were not missing nor they were found their place in grocery shop as has been pleaded by Mr. Ahmed. It appears from the fact that in an earlier order the trial Court directed the Controller of Examination as to whether marks allotted to the petitioner are correct or not. The said authority could not have delegated the said power to any other person as has been ought to be contended by Mr. Ahmed as the Controller is not academic authority and the petitioner also took benefit of the said order and as such, the petitioner cannot be allowed to question the same indirectly which he could not do directly. Furthermore, as the main objection of the petitioner to the effect that the answer scripts are lost having been found incorrect, we are of the opinion that the learned Trial Judge was correct in passing the impugned judgment.