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2024 Supreme(Cal) 940

HARISH TANDON, PRASENJIT BISWAS
W. B. Board of Primary Education – Appellant
Versus
Mousona Mitra – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Subir Sanyal, Dwarika Nath Mukherjee, Ratul Biswas, Kaushik Chowdhury, Piush Chaturvedi, Chittapriya Ghosh, Somesh Ghosh, Priyanka Saha, Maitrayee Chatterjee, Jishnu Chowdhury, Arkadeb Biswas, Andalon Sarkar, Firdous Samim, Gopa Biswas, Payel Shome, Sampriti Saha, Avijit Kar, Mohona Das, Riya Das, Tanushree Roy, Ali Ahsan Alamgir, Rabia Khatoon, Soma Mal, June Modak.
For the Respondents: Bikash Ranjan Bhattacharyya, Bikram Banerjee, Saikat Sutradhar, Sagarika Goswami, Bikash Ranjan Bhattacharyya, Sudipta Dasgupta, Bikram Banerjee, Dipa Acharyya, Arka Nandi, Sutirtha Nayak, Shalini Ghosh.
For the State : Sirsanya Bandyopadhyay, Ritesh Kumar Ganguly, Arindam Chattopadhyay, Lipika Chatterjee.

JUDGMENT :

HARISH TANDON, J.

1. A piquant situation has arisen in the aforesaid mandamus appeals as to whether the Court should usurp the power of the statutory authority in an academic field in finding either the fault in framing the questions or in the answer keys in the competitive examination under the power of judicial review. At the first blush, we were not convinced at the interim stage with the submissions advanced by the respondents as we find that the scope or jurisdiction enshrined in the judicial review as succinctly laid down by the Apex Court in catena of decisions does not permit the directions passed by the Single Bench in the impugned order but after giving an anxious thought we find that several directions were passed at the inter locutory stage by the Single Bench which were duly complied by all the parties including the appellant and therefore, we felt it necessary to bring quietus to such issue in adopting a mechanism eroding any concept of ambiguity to prevail or may prevail into a large number of students in evaluating such answers. We are conscious that in today’s world the competition has become tougher and reached to a considerable height where a single mark

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