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2007 Supreme(SC) 1255

ARIJIT PASAYAT, P.SATHASIVAM
Secretary, West Bengal Council of Higher Secondary Education – Appellant
Versus
Ayan Das – Respondent


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 issu













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