Santanu Mandal vs The State Of West Bengal & Ors on 23 February, 2026

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    Calcutta High Court (Appellete Side)

    Santanu Mandal vs The State Of West Bengal & Ors on 23 February, 2026

                              IN THE HIGH COURT AT CALCUTTA
                                CIVIL APPELLATE JURISDICTION
                                        APPELLATE SIDE
    
     Present:-
     The Hon'ble Justice Madhuresh Prasad
                   And
     The Hon'ble Justice Prasenjit Biswas
    
    
    
                               W.P.S.T. 163 of 2025
    
                                Santanu Mandal
                                       Vs.
                         The State of West Bengal & Ors.
    
    
         For the Petitioner       : Mr. Firdous Samim,
                                    Ms. Gopa Biswas,
                                    Mr. Hasanuz Zamam Molla,
                                    Mr. Naman Shah.
    
         For the State            : Mr. Amal Kumar Sen, Ld. AAG,
                                    Mr. Amitava Chowdhuri,
                                    Ms. Ashima Das (Sil).
    
         Judgment on               : 23.02.2026
    
    
     Madhuresh Prasad, J.:
    

    1. The writ petitioner was the applicant before the West Bengal

    Administrative Tribunal (‘Tribunal’ for short). He participated in a

    SPONSORED

    recruitment process for selection of Wireless Operator in the West

    Bengal Police Telecommunications. The advertisement was published

    on 13.02.2021 and the process concluded by publication of a final

    result on 20.07.2023.

    2. An Original Application was filed thereafter in the year 2024. The

    Original Application bearing O.A. No. 613 of 2024 was dismissed by

    the Tribunal by its order dated 13.12.2024. The same is subject

    matter of the present writ proceeding.

    3. The contention urged by the learned advocate for the petitioner is that

    the petitioner’s award of marks is vitiated. He was awarded 53.17

    marks. The cut off marks in his category (Scheduled Caste) was 53.58.

    There is thus a thin margin between his marks and the cut off marks.

    4. He submits that for one of the Multiple Choice questions, in the ‘C’

    series answer booklet, bearing question no. 41 two options were

    providing the correct answers (options B & D). Since the process of

    assessment contemplated grant of negative marks for incorrect

    answers, and there was no single correct option, the petitioner did not

    give any response for question no. 41.

    5. According to him, the various text books containing opinion of experts

    show that both options ‘B’ & ‘D’ were correct answers for question

    no.41. The answer booklet, however, wrongly specified option ‘B’ as

    the correct answer. The petitioner highlighted this mistake to the

    authorities by sending an e-mail on 17.07.2022, and other

    complaints. The authorities, however, have not taken any steps

    pursuant to the petitioner’s complaint(s). In the above factual

    background, the petitioner sought the following reliefs in the O.A.

    “The applicant prays for following reliefs:-

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    (i) Direction upon the respondents and their men and agents
    to reassess the answer key in respect of the selection process in
    the post of Wireless Operator in West Bengal Police
    Telecommunications, 2020 most specifically with regard to
    question no.41 of C Series booklet and if it is found that the
    applicant has been deprived in the selection process due to non-

    issuance of mark due to wrong answer key prepared by the
    respondent, in that case 1 mark would be awarded for the same
    and appointment letter would be issued in favour of the
    applicant accordingly under the Scheduled Caste category.

    (ii) Direction upon the respondents and their men and agents
    to produce the answer script along with the answer key before
    the Learned Tribunal to assess the deprivation to the applicant
    by not giving 1 mark to him for preparing wrong answer key.

    (iii) Direction upon the respondents to produce all the relevant
    papers and documents in connection with the instant case before
    this Learned Tribunal.

    (iv) And to pass such other order or order as the Learned
    Tribunal may deem fit and proper.”

    6. It is the submission of the learned advocate for the writ petitioner that

    the petitioner’s complaint was required to be considered observing

    natural justice. He further submits that the Tribunal ought to have

    referred the matter to a body of independent experts to assess the

    petitioner’s allegation regarding the answer key being wrong.

    7. The learned advocate in support of his submission has relied on two

    judgments delivered by a coordinate Bench, in the case of West

    Bengal Board of Primary Education & Ors. Vs. Prativa Mondal in

    MAT 1594 of 2018; and in the case of West Bengal Board of

    Primary Education & Ors. Vs. Mousona Mitra & Ors. in MAT 917

    of 2024. The bunch of judgments submitted by him contains three

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    other Apex Court’s judgments, however, it is submitted that since

    these judgments have already been referred and considered by the

    coordinate Bench, the learned Counsel is confining his reliance to the

    above noted two judgments rendered by the coordinate Bench. It is

    submitted from both these judgments, it is apparent that for resolving

    an issue, as raised by the petitioner herein, the matter was referred to

    a body of experts, and a large number of candidates benefited from

    such an exercise.

    8. The learned A.A.G., however, submits that the order of the Tribunal

    requires no interference. According to him, the finding of the Tribunal

    regarding a belated application is correct. It is not in dispute that the

    final result was published on 20.07.2023 and that the Original

    Application has been filed much thereafter, only when the petitioner

    came to know that he had not emerge successful in the process. It is

    further submitted that the scope of judicial review in such matter is

    very thin and narrow. It is settled by a catena of judgments, that

    based on a mere assertion by an unsuccessful candidate, that a

    question, or an answer key is wrong, the Tribunal or the Writ Court

    exercising judicial review should not embark on a reassessment of the

    questions and the answer key.

    9. We have considered the rival submissions, perused the record and the

    order of the Tribunal, impugned in the writ petition.

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    10. At the very outset we observed that the examination was

    conducted on 21.11.2021. As per submission of the learned Advocate

    for the petitioner, e-mail containing a complain regarding question No.

    41, which we have noted above, was sent to the West Bengal Police

    Recruitment Board (hereinafter in short referred to as the Recruitment

    Board) much thereafter, that is on 17.07.2022. The result of the

    recruitment process was published a year thereafter that is on

    20.07.2023, wherein the petitioner emerged unsuccessful. The

    Original Application was filed even later, i.e. more than two years after

    the examination, i.e. in the year 2024.

    11. In the present case, there are a large number of candidates in

    the selection process, therefore, intervening third party rights of a

    large number of successful candidates on publication of result is

    imminent in case of delayed approach of the applicant/writ petitioner

    to a forum or court raising a grievance regarding there being a wrong

    question in the written test. We, therefore, have no hesitation in

    holding that the petitioner has not acted diligently; rather he has

    taken a chance with the alleged wrong question and answer key. It is

    only when third party rights have accrued after declaration of result

    wherein he emerged unsuccessful, that he has moved the Tribunal.

    12. The petitioner in the above noted circumstances was estopped

    from challenging the recruitment process by alleging an infirmity as

    has been alleged by him. Having taken part in the selection process

    and because the result of the process was unpalatable, he could not

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    be permitted to challenge the recruitment process/ result alleging

    infirmity in the recruitment process. In this connection, we refer to

    decision of the Apex Court in the case of D. Sarojakumari vs. R.

    Helen Thilakom and Others reported in (2017) 9 SCC 478. The

    Apex Court, with reference to earlier judgments in the case of G.

    Sarana v. University of Lucknow reported in (1976) 3 SCC 585,

    Madan Lal v. State of J&K reported in (1995) 3 SCC 486, Manish

    Kumar Shahi v. State of Bihar reported in (2010) 12 SCC 576,

    Ramesh Chandra Shah v. Anil Joshi reported in (2013) 11 SCC

    309, Madras Institute of Development Studies v. K.

    Sivasubramaniyan reported in (2016) 1 SCC 454 has taken note of

    the settled legal position that “once a person takes part in the process

    of selection and is not found fit for the appointment, the said person is

    estopped from challenging the process of selection”.

    13. In the case of Prativa Mondal (supra), relied upon by the writ

    petitioner, the Coordinate Bench was considering whether award of

    marks for attempting a wrong question/option was to be extended

    uniformly to all who participated in the examination. The fact of the

    said case and issue arising for consideration was, therefore,

    essentially different and distinguishable from the present case.

    14. Another judgment relied upon by the learned Advocate for the

    writ petitioner is judgment of the co-ordinate Bench in the case of

    Mousona Mitra (supra), which we are of the view has no application

    to the facts and issues arising for consideration in the present case.

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    From judgment of the co-ordinate Bench rendered in the said case it

    is apparent that the co-ordinate Bench has taken note of the law

    insofar as exercise of judicial review by a High Court for examining

    question papers or answer sheet. In such context the co-ordinate

    Bench considered various judgments of the Apex Court and held that:

    “…points touching upon the academic fields should be left to the
    academicians and the High Court should not interfere in a
    mechanical manner simply some of the aspiring candidates or
    aspiring examinee has approached the Court flagging an issue
    on the wrong framing of the question or wrong choice in the
    answer keys. Equally, we do not find any absolute embargo in
    the aforesaid decisions in exercising the judicial review in this
    regard as we think that the real purpose is to bring correctness
    in the questions and the answers as the wrong if allowed to
    sustain would vitally affect the academic career. Though we feel
    that the Single Bench ought not to have ventured deep into the
    aforesaid aspect but after noticing that several orders were
    passed in the aforesaid writ petition directing the respondent
    authorities to file report from the experts on the correctness of the
    answer keys which have been duly complied with and
    subsequently found the dissenting opinion in this regard and
    directed the further expert of committees to evaluate the situation
    and submit their opinion and views taken independently to the
    Vice-chancellor of the Visva Bharati University who was further
    directed to constitute a committee of his choice to take a final
    view thereupon, we intend to deal with the questions raised in
    the instant appeal.

    The Visva Bharati has no role to play in the curriculum nor the
    text books so prescribed or taught at the different medium by the
    respective States and therefore, subverting the views and the
    opinions of the independent committee to the Visva Bharati
    University to act as an Apex institution shall percolate a wrong
    signal. To put an end to impasse as the large number of
    litigations are pouring in the dockets of this court, we feel that
    the moment the Writ Court has undertaken such exercise and
    the respondent authorities have implemented, the order it would
    be proper to constitute a committee comprising of the various
    experts of the different universities or the institutions to throw
    the light on the issues.”

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    15. It appears from the judgment that the Division Bench noticed

    the settled legal position regarding restraint on scrutiny of such

    academic matters in exercise of judicial review. However, the Co-

    ordinate Bench took notice of the facts and circumstances unique to

    the said case, wherein a large number of litigation was pouring in

    regarding the examination in question therein. The Co-ordinate Bench

    also took notice of the fact that the orders passed by the Single Judge

    Bench in the writ petition for filing reports from experts on the

    correctness of answer keys was accepted by the authorities and

    complied with and implemented by the authorities. The reports filed,

    revealed a dissenting opinion as regards the correctness of the answer

    keys impugned in the said proceedings. The opinion in the report was

    at variance with that of the examining body. Such dissenting view

    having emerged on the records in the proceeding, the Division Bench

    considered it appropriate to pass order in the above terms.

    16. Such facts and circumstances do not arise for consideration in

    the present case. Therefore, decision of the Co-ordinate Bench in the

    case of Mousona Mitra (supra) would have no application to the facts

    and issues arising for consideration in the present case. The present

    petitioner cannot derive any sustenance from the decision of the Co-

    ordinate Bench in the case of Mousona Mitra (Supra) wherein

    authorities had implemented order/s passed by the writ Court and

    chose not to make an issue.

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    17. In view of above consideration, we are of the opinion that the

    reliance placed by the learned Advocate for the writ petitioner on the

    two judgments in the case of Prativa Mondal (Supra) and Mousona

    Mitra (Supra) are misplaced, having no application in the present

    case.

    18. The law regarding exercise of judicial review to examine a

    controversy regarding the correctness of question papers and answer

    sheets stands settled by decisions of the Hon’ble Supreme Court of

    India. In this connection we consider it apposite to refer a series of

    decisions rendered by the apex Court, in this regard, which are as

    follows:

                    ï‚·    Ran Vijay Singh & Ors. V. State of UP & Ors.
                         reported in (2018) 2 SCC 357,
    
                    ï‚·    U.P. Public Service Commission & Anr. v. Rahul
                         Singh & Anr. reported in (2018 ) 7 SCC 254
    
                    ï‚·    Himachal Pradesh Public Service Commission v.
                         Mukesh Thakur & Anr. reported in (2010 ) 6 SCC
                         759
    
    

    19. In the above three judgments, the apex Court consistently

    cautioned against exercise of judicial review jurisdiction to look into

    the correctness of question papers and answer scripts.

    20. In the present case there is no finding of any

    Competent/Specialist body/Expert Committee till date regarding

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    question No. 41, or its key answer being incorrect. Only self serving

    statement was made by the writ petitioner in this regard.

    21. We have seen from the record that the recruitment Board upon

    its own scrutiny found five other questions and key answers to be

    incorrect and took appropriate steps to resolve the issue to maintain

    uniformity in this regard, regarding which no grievance is raised by

    the writ petitioner.

    22. The writ petitioner has not been able to make out a case for

    reassessment regarding correctness of any question or answer key.

    23. We, therefore, find no reason to interfere with the decision of the

    Tribunal dated 13.12.2024 passed in O.A. No. 613 of 2024, as the

    petitioner has failed to make out any case for the relief as prayed.

    24. The writ petition is dismissed.

    25. Urgent Photostat certified copy of this judgment, if applied for,

    be supplied to the parties, expeditiously after complying with all

    necessary legal formalities.

    (Madhuresh Prasad, J.)

    I agree.

    (Prasenjit Biswas, J.)

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