important point
In absence of statutory provision, Court cannot direct re-assessment/re-examination of answer scripts.

judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.The challenge in this appeal is to the order passed by the Division Bench of the Calcutta High Court directing re-examination of answer script of respondent No.1 in English Paper 1.

3.The brief facts in nut shell are as follows :

Respondent No.1 passed the Madhyamik (Secondary) Examination conducted by the West Bengal Council of Higher Secondary Education in 2004. Respondent No.2 is the father of respondent No.1. As a matter of Post-Publication Scrutiny of results of Higher Secondary Examination 2004 the marks of respondent No.1 in Physics (Theory) Paper-II were increased by two marks. A Writ Petition was filed by respondent No.1 for a direction to the Council-Appellant to produce the answer scripts of respondent No.1 in several papers. The said such answer scripts were produced before the court pursuant to the direction given on 21.12.2004, on respondent No.1 depositing a sum of Rs.5,000/- with the Council. The matter was adjourned to 27.1.2005, and opportunity was given to learned counsel for respondent No.1 to inspect the answer scripts. On 27.1.2005, learned Single Judge directed to preserve the answer scripts and directed to issue fresh marksheet incorporating in English Paper-I, the additional marks which, it transpired during the inspection, were not awarded to him for correct answer. In terms of this direction, fresh marksheet was issued to respondent No.1. Further supplementary affidavit was filed by respondent No.1 in terms of liberty granted by learned Single Judge. It appears that learned Single Judge directed that paper, in question, be re-assessed by another examiner. The objection of the Council- Appellant that there is no such provision for re-examination was overruled by learned Single Judge. The Council-Appellant pointed out that no specific error in assessment was pointed out by respondent No.1, though he had been granted liberty to do so. It was pointed out that there is no provision in any statute permitting such inspection, but in view of the direction given by learned Single Judge, inspection was granted.

An appeal was filed by the Appellant-Council questioning the direction given by learned Single Judge. The Division Bench by the impugned order dismissed the appeal holding that Judges themselves have looked the answer script and were satisfied that there was scope of re-assessment.

4.Learned counsel for the appellant submitted that course adopted by learned Single Judge, as affirmed by the Division Bench, is without legal sanctity.

5.Learned counsel for respondent No.3 - State supported the stand of the appellant. Learned counsel for respondent Nos. 1 and 2 submitted that they have nothing further to submit and do not want to contest than what was noted by the High Court.

6.The permissibility of re-assessment in the absence of statutory provision has been dealt with by this Court in several cases. The first of such cases is Maharashtra State Board of Secondary and Higher Secondary Education & Anr v. Paritosh Bhupeshkumar Sheth & Ors.,1 reported in (1984 (4) SCC 27). It was observed in the said case that finality has to be the result of public examination and, in the absence of statutory provision, Court cannot direct re-assessment/re-examination of answer scripts.

7.The courts normally should not direct the production of answer scripts to be inspected by the writ petitioners unless a case is made out to show that either some question has not been evaluated or that the evaluation has been done contrary to the norms fixed by the examining body. For example, in certain cases examining body can provide model answers to the questions. In such cases the examinees satisfy the court that model answer is different from what has been adopted by the Board. Then only the court can ask the production of answer scripts to allow inspection of the answer scripts by the examinee. In Kanpur University and Ors. v. Samir Gupta and Ors.,2 (AIR 1983 SC 1230) it was held as follows