Calcutta High CourtWPA/9224/2024dismissed

Santanu Kumar Bera v. The State Of West Bengal And ORS.

2024-04-15Hon'Ble Justice Biswajit Basu2 pages

15.04.2024 (D/L 06) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 9224 of 2024 Santanu Kumar Bera -Vs- The State of West Bengal & Ors.

Mr. Sabyasachi Mondal, Ms. Puja Naskar, Ms. Payel Khanra, .... For the Petitioner.

Mr. Sudipta Panda, Ms. Debleena Dasgupta, .... For the State.

Mr. Raja Saha, Mr. Sanjoy Mukherjee, .... For the Respondent nos. 5 & 6.

Dr. Sutanu Kumar Patra, Mr. Sunit Kumar Roy, .... For the S.S.C.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner is an unsuccessful candidate of the 12th Regional Level Selection Test (Assistant Teacher), 2011. He applied under the Right to Information Act, 2005 to get the information regarding his result in the said selection test. The information sought for has been supplied to the petitioner but the petitioner to get the copy of the answer script preferred an appeal which has been carried to the pending Second Appeal before the West Bengal Information Commission, the respondent no. 5 herein.

The petitioner is complaining delay in disposal of the said Second Appeal.

Mr. Raja Saha learned advocate for the respondent no. 5 submits that the petitioner never prayed for supply of answer script before the State Public Information Officer, the respondent no. 3 herein, as such is entitled to the copy of the answer script.

The petitioner has been supplied with the information he sought for. The petitioner is not entitled to get the copy of his answer script in the said Selection Test as it would be amounting to enlarging the scope of the Second Appeal.

In view of the above, W.P.A. 9224 of 2024 is dismissed without any order as to costs.

This order however will not prevent the petitioner to resort to the provision of the said Act of 2005 to get the copy of the said answer script. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)