Dismissed an appeal and connected application against an order rejecting a claim for re-assessment of B.Ed. examination answer scripts disposed of before litigation, distinguishing a precedent where scripts were destroyed during pendency.
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05 16.10.2023
FMA 1851 of 2016 with
Ct-08
I.A No. CAN 1 of 2016(Old CAN No. 1962 of 2016)
Md. Shafi Alam Vs. University of North Bengal & Ors.
ar
2
Sk. Monir & Ors., reported in 2000(1) CHN 375 , a Division Bench of this Court held that in the event the answer scripts have been destroyed during the pendency of the litigation, average marks are to be awarded. Such ratio would not apply in the facts of this case as the answer scripts stood disposed of prior to filing of the writ petition. The fact of destruction of the answer scripts prior to the filing of the writ petition has not been denied. It appears that the answer scripts were disposed of on 25th April, 2007 after six months after publication of the result and prior to the date of representation.
(Uday Kumar,J.) (Soumen Sen, J.)
3
2 issues framed by the court
Whether the High Court should interfere with the impugned order dismissing the writ petition seeking re-assessment of answer scripts.
Whether the disposal of answer scripts prior to the filing of the writ petition warrants an exception to the general rule on re-assessment.
Colour shows how this judgement treated each authority
University of Calcutta & Ors. Vs. Sk. Monir & Ors.Distinguished¶14
2000(1) CHN 375
Md. Shafi Alam
University of North Bengal
Uday Kumar
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
