The Calcutta High Court dismissed a writ petition seeking re-evaluation of answer-scripts for a Ph.D Law entrance exam. The court held that allowing such petitions to unsuccessful candidates is impermissible in law and would burden the examination authority.
no relief granted; writ petition dismissed
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Item No.64
In The High Court At Calcutta Constitutional Writ Jurisdiction
(via video conference)
05.08.2021 Ct-24
WPA 4991 of 2020 Prantik Chakraborty
v.
The University of Calcutta & Ors.
Mr. Dipayan Kundu
… for the petitioner.
Mr. Nilotpal Chatterjee … for the University.
The petitioner participated in the written
examination for admission in the Ph.D Programme in Law, 2019. As he was
unsuccessful in the written examination he was not thereafter called for the Viva Voce.
The petitioner prays for a direction upon the University of Calcutta for re-examination/reevaluation of his answer-scripts.
The learned advocate representing the University of Calcutta submits that the petitioner merely appeared in the entrance
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examination. He is not, as of now, a student of the University of Calcutta. Each and every unsuccessful candidate cannot come before this Court praying for re-examination/re-evaluation of the answer-scripts. The same is not permissible in law.
Allowing the prayer of the petitioner will amount to giving direction upon the examination conducting authority to re-examine/re-evaluate answer scripts of unsuccessful candidates in an entrance examination. The said authority will be left with no other time to perform any other duty but to keep on checking answer scripts of unsuccessful candidates, as in any entrance examination the number of unsuccessful candidates is always more than the number of successful candidates.
In view of the above, no relief can be granted in favour of the petitioner in the instant writ petition.
WPA 4991 of 2020 stands dismissed.
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Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.
Sh (Amrita Sinha, J.)
2 issues framed by the court
Whether the High Court can direct the University of Calcutta to re-examine or re-evaluate the answer-scripts of an unsuccessful candidate in an entrance examination.
Whether granting re-evaluation petitions to all unsuccessful candidates is legally permissible.
1 provisions across 1 enactments
Prantik Chakraborty
The University of Calcutta
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
