Judgment:
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Hon’ble Justice Dr.
Sambuddha Chakrabarti February 11, 2014 WP1132of 2013 Paresh Nath Pal versus State of West Bengal & ORS.Mr.S.S.Arefin, Advocate for the petitioner Mr.Achintya Banerjee, Advocate with Mr.R.N.Chakraborty, Advocate for the respondent Nos.2 to 5 Ms.Debjani Roy, Advocate for the State The Court :- The petitioner is directed to add the University of Burdwan as a party respondent to the writ petition.
Service is dispensed with as Mr.Banerjee, learned Advocate appearing for the respondent Nos.2 to 5 undertakes to appear for the University as well.
Mr.Banerjee has raised a point that even if there had been any lapse on the part of the University in communicating the result of the review the son of the petitioner in any case would not have been admitted to the M.Sc (Hons) couRs.in the current academic session.
Mr.Arefin has produced a copy of the answer scripts of Paper III of Mathematics which has been handed over to him in reply to the application under the R.T.I Act.
Mr.Banerjee is not sure at which stage these marks of the petitioner’s son had been increased.
In such view of it, I direct the respondent no.4 herein i.e.the Controller of Examinations of the concerned University to produce the relevant answer scripts i.e.Paper III and Paper IV of Part II examination in Mathematics (Hons) of the University of Burdwan for the session 2012 in a sealed cover.
In case the answer scripts are not available with the authority the Controller shall furnish a report in a sealed cover as to the reasons why they are not available and if destroyed further information is to be furnished by the respondent no.4 indicating when they were destroyed and the movement of the answer scripts from the stage it was placed with the Examiner.
On the prayer of Mr.Banerjee let this matter appear after two weeks.
Heard in part.
The learned Advocate for the respondents is directed to communicate this order without insisting on the certified copy of the order.
In the meantime the University is directed to allow the petitioner’s son to prosecute his study unhampered.
(Dr.
Sambuddha Chakrabarti, J.) ANC.