Rajkumar Jana v. State Of West Bengal And ORS.

10.05.2023 (D/L-12) Ct.-18 (Susanta) W.P.A. 9347 of 2022 Rajkumar Jana -Vs- The State of West Bengal & Ors.

Mr. Vishak Bhattacharya, Ms. Ruchira Chatterjee, Mr. Biyanka Bhattacharya, .... For the Petitioner.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey, .... For the S.S.C.

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

The petitioner participated in the 1st State Level Selection Test 2016 for recruitment of Assistant Teachers in Secondary and Higher Secondary Schools under General Category.

The grievance of the petitioner is that though his answer was correct, no mark has been allotted to him against the question no. 40.

Ms. Dubey, learned Counsel for the Commission submits that in the event the petitioner had answered (b) to the said question he is entitled to the mark allotted for correct answer of the said question. She further submits that similar view has been expressed by the Co-ordinate Bench in the order dated June 27, 2022 passed in W.P.A. 10359 of 2022 (Manabendra Pramanik and Anr. Vs. State of West Bengal and Ors.) It appears from the photocopy of the OMR answer sheet annexed to the writ petition that the petitioner answered (b) against the said question no. 40, therefore, he is entitled to one mark allotted for correct answer of the said question.

The Commission is directed to award mark for correct answer of question no. 40 and recalculate the marks of the petitioner in the written examination in relation to the said Selection Test. The Commission thereafter shall take follow up steps.

W.P.A. 9347 of 2022 is disposed of with the above terms without any order as to costs.

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.)