Debdas Pratihar v. State Of West Bengal And ORS.

10.10.23 55 Ct. No.25 Sws.M WPA 28007 of 2022 Debdas Pratihar Vs.

The State of West Bengal & Ors.

Mr. Samim ul Bark Ms. Keya Sutradhar ...for the petitioner Ms. Munmun Tewary Mr. Sanatan Panja .......for the State Mr. Siddhartha Banerjee Mr. Sudipta Nayan Ghosh .......for the High Court Administration The petitioner's grievance is that there are apparent mistakes in the evaluation process in the written examination that was conducted on December 10, 2021 for selection to the post of 'system manager' pursuant to a recruitment notification dated January 4, 2021 issued by the Appellate Side Establishment of the Hon'ble High Court at Calcutta. The petitioner obtained 119 marks whereas the qualifying marks for the written test was 120 marks.

This Court directed Mr. Banerjee, learned counsel appearing for the High Court Administration to file a Report after taking opinion from the expert/examiner, who evaluated the answer script on the issue of correct assessment of

the answers. The same was done. Thereafter, since there was no change in the marks awarded to the petitioner, this Court directed Mr. Banerjee to again file a Report annexing the opinion of the second empanelled expert in the panel of the High Court Administration.

An Additional - Report was filed. However, there was no alteration in the marks awarded to the petitioner.

Mr. Bari, learned counsel appearing on behalf of the petitioner submits today that the petitioner has gotten his paper evaluated by three independent experts. All the three independent experts opined that more marks could have been awarded to the petitioner in question 1(j). In their collective opinion the answer given by the petitioner was not incorrect.

Considering the rival submissions of the parties and the materials placed on record, this Court is of the opinion that this Court cannot sit in appeal over the view of the two empanelled experts of the High Court Administration. This Court has no reason to disagree with the evaluation of the said two experts.

Accordingly, this Court finds that there is no infirmity or perversity in the decision making process by the High Court Administration.

According, WPA 28007 of 2022 is dismissed.

All parties shall act on the server copy of this order duly downloaded from the official website of this Hon'ble Court.

Urgent certified website copies of this order, if applied for, be made available to the parties subject to compliance with all requisite formalities. (Lapita Banerji, J)