The court's decision emphasized the importance of expert opinion in determining the correctness of key answers and highlighted the application of Section 23 of the West Bengal Primary Education Act, 1973.

SAMAPTI CHATTERJEE, J.

1. This Court has already decided the above-mentioned issues in the judgment delivered on 27th July, 2018 in W.P No.23006 (W) of 2017 and others. In the said matter this Court initially on passed an interim order thereby appointing the Vice Chancellor of Visva Bharati to examine correctness of the 11 numbers of question of JGB Question Booklet series by the experts and filed the report of the expert to that effect.

2. Accordingly, this Court in the order dated 27th July, 2018 directed the Vice Chancellor of Visva Bharati University to appoint expert in the relevant subject for examining the correctness of the key answers which will be binding upon all parties as agreed by the parties.

3. Since the petitioner has filed the present writ petition prior to the interim order dated 27th July 2018, therefore, in my opinion petitioner is entitled to get order in the line of the interim order dated 27th July 2018 as well as the judgment dated 3rd October 2018, passed in the said writ petition. The interim order dated 27th July 2018, as well as judgement and order dated 3rd October 2018, is quoted below:-

“The following issues are to be determined in the present writ petition :-

(i) Whether in multiple choice of objective type test, wrong key answers supplied by the paper setter should be ascertained by external experts on the subject?

(ii) Whether candidates are entitled to be awarded with full marks for wrong key answers supplied by the paper setter?

2. The petitioner has filed the present writ petition praying for the following reliefs :-

(a) A writ of or in the nature of Mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees to reassess and/or re-evaluate the OMR sheet of the petitioner of TET 2014 and award full marks to question no.9, 22 and 25 of Section-I, Language-I, Bengali subject and question no.78 of Section -III Chile Development and Pedagogy of question booklet series no. JGB and declare the petitioner as qualified in TET 2014 and to follow consequential steps for recruitment to the post of Assistant Teacher under the concerned Primary School Council;

(b) A writ of or in the nature of mandamus do issue commanding the respondents, their agents, servants, subordinates, employees and/or assignees to appoint your petitioner as trained candidate for the post of Assistant Teacher pursuant to the selection process of 2016 under the Kolkata Primary School Council.

(c) A Writ in the nature of Certiorari commanding the Respondents to transmit and produce the entire original records before this Hon’ble Court so that conscionable justice may be administered and by granting other relief as prayed hereinabove;

(d) Issue Rule NISI in terms of prayers (a) to (c) as above

(e) A order do issue directing the Respondent Council to keep 1 post of Primary Teacher vacant under the Respondent Council till the disposal of the Writ Application.

(f) Ad interim Order in terms of the prayers (e) of this application, as above.

(g) And to pass such other or further Orders as Your Lordships may deem fit and proper.

3. Mr. Bikash Ranjan Bhattacharyya, Ld. Sr. Advocate appearing for the petitioner submitted that the petitioner is an OBC-B candidate. The petitioner passed higher secondary level examination with 72.3 % marks and also completed two years diploma in elementary education. The petitioner participated in the Teacher Eligibility Test (TET) 2014 held on 11th October 2015. Unfortunately the petitioner was not shown as successful in the TET examination.

It is also submitted by Mr. Bhattacharyya that immediately after declaration of result of TET 2014 the petitioner made an application under Right to Information Act, 2005 for supplying the OMR sheet question paper and key answer. Accordingly on 10th August, 2017 the Secretary of the Board supplied the question paper OMR sheet and answer key also.

4. Mr. Bhattacharyya further contended that after scrutinizing the question paper