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2018 DAILYLAW 1077 (CAL)

SAMAKRITA TEWARY v. STATE OF WEST BENGAL & ORS.

WPA/23309/2018 · 2026-08-28

Ajay Kumar Gupta

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Judgment text

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29-60 2288..0088..22002266 Court No. 39 D.Hira In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side WPA/23309/2018 SAMAKRITA TEWARY VS STATE OF WEST BENGAL & ORS With WPA/23313/2018 MITHUN DEY VS STATE OF WEST BENGAL & ORS With WPA/23314/2018 SNIGDHA PATRA VS STATE OF WEST BENGAL & ORS WPA/23316/2018 SAMAPTI CHAI VS STATE OF WEST BENGAL & ORS WPA/23317/2018 FAHMIDA ROZI VS STATE OF WEST BENGAL & ORS WPA/23319/2018 KARALI POREL VS STATE OF WEST BENGAL & ORS WPA/23899/2018 PINKI SAHA VS STATE OF WEST BENGAL & ORS WPA/23900/2018 SANJOY KUMAR BERA VS STATE OF WEST BENGAL & ORS WPA/23901/2018 SUBHANKAR MONDAL VS STATE OF WEST BENGAL & ORS 2 WPA/23902/2018 RIYA MAITY VS STATE OF WEST BENGAL & ORS WPA/23903/2018 KALPANA PAUL VS STATE OF WEST BENGAL & ORS WPA/23904/2018 RAKHI MAJUMDER VS STATE OF WEST BENGAL & ORS WPA/23905/2018 KAJAL SHAIKH VS STATE OF WEST BENGAL & ORS WPA/23906/2018 SHILA SARKAR VS STATE OF WEST BENGAL & ORS WPA/23907/2018 BISWANATH MURMU VS STATE OF WEST BENGAL & ORS WPA/23908/2018 RAHUL HANSDA VS STATE OF WEST BENGAL & ORS WPA/23909/2018 GOPA ROY VS STATE OF WEST BENGAL & ORS WPA/23910/2018 ABIR PATRA VS STATE OF WEST BENGAL & ORS WPA/23911/2018 MANISHA PATRA VS STATE OF WEST BENGAL & ORS WPA/23912/2018 KRISHANA MANIK (PATRA) VS 3 STATE OF WEST BENGAL & ORS WPA/23913/2018 SOMASHREE PATRA VS STATE OF WEST BENGAL & ORS WPA/23914/2018 JHUMPA PRAMANIK VS STATE OF WEST BENGAL & ORS WPA/23915/2018 GIRIDHARI DUTTA VS STATE OF WEST BENGAL & ORS WPA/23916/2018 MOUNISHA BARMON VS STATE OF WEST BENGAL & ORS WPA/23917/2018 MANAB SARKAR VS STATE OF WEST BENGAL & ORS WPA/23918/2018 PULAK KUMAR SAMAI VS STATE OF WEST BENGAL & ORS WPA/23919/2018 ASHIS NASKAR VS STATE OF WEST BENGAL & ORS WPA/23920/2018 FIROJ SEKH VS STATE OF WEST BENGAL & ORS WPA/23921/2018 BIPLAB SASMAL VS STATE OF WEST BENGAL & ORS WPA/23923/2018 REHANA KHAN VS STATE OF WEST BENGAL & ORS WPA/24299/2018 KOUSHIK HAJRA VS 4 STATE OF WEST BENGAL & ORS WPA/24303/2018 SUJOY KHAWAS & ORS VS STATE OF WEST BENGAL & ORS Mr. Sudipta Dasgupta Ms. Suryatapa Das …for the petitioner Mr. Ratul Biswas, Mr. Kaushik Chowdhury. … for the WBBP 1. These writ petitions have been filed by the different writ petitioners on the same and identical issues. The writ petitioners were participated in the Teacher Eligibility Test 2014 held on 11.10.2015 and all the petitioners were declared unsuccessful in the TET examination. The main contention of the writ petitioners is that there were six wrong questions in the question paper of TET of 2014. The similar issue raised by other writ petitions, was decided by the Division bench of this High Court. While disposing the appeal being MAT No. 1594/2018, the Division Bench vide an order dated 13.04.2023 directed the board to award six marks to each writ petitioner for six wrong questions of TET of 2014. 2. The aforesaid order had been challenged before the Hon’ble Supreme Court by filing SLP (C) No(s) 25486 of 2023. The Hon’ble Supreme Court, after hearing the parties, vide an order dated 07.04.2026 directed the West Bengal Board of Primary Education to implement the order dated 13.04.2023 (which was passed in MAT No. No. 1594/2018, by the Hon’ble 5 High Court at Calcutta), on or before four months from the date of order. 3. While hearing these writ petitions, on earlier occasions, this Court has directed the authority to file a complete report on the next date of hearing as all these writ petitions involve same and identical issues, which were ultimately decided by the Hon’ble Supreme Court. 4. Learned counsel for the Board filed a report containing entire facts and what steps have been taken by the Board, in pursuance to the direction passed by the Hon’ble Supreme Court. 5. The report is quoted in verbatim, inter alia, hereinunder as follows:- “c) In order to comply with the solemn order dated 07.04.2026, it was revealed by the Board that approximately 20 lakh candidates applied in the TET-2014 examination, and more or less 14 lakh candidates appeared in the examination. As the then technical service provider is not in a position to do the work of processing and awarding marks to the appearing candidates through the existing database, selection of a new technical service agency is required to deal with the database, which requires a huge financial cost also. d) However, the Board has already initiated an e- tender process for selection of a technical service provider for the said work, and after finalization of the e-tender process and selection of the technical 6 service provider, the process of awarding marks will be carried out by the Board. e) The West Bengal Board of Primary Education humbly submits that when the technical service provider completes the process of awarding an additional six (6) marks for wrong questions to the TET-2014 candidates, the Board shall, in due course, publish the details on its official website.” 6. The copy of the same report is also served upon the learned counsel for the petitioners. 7. Learned counsel for the petitioners submits that the matter could be disposed of only on the basis of steps taken by the Board. 8. A copy of the report be taken on record. 9. The writ petitions are disposed of by directing the respondent/West Bengal Board of Primary Education to complete the process as expeditiously as possible awarding additional six (6) marks to each writ petitioner herein for wrong questions and publish the result afresh accordingly. 10. With the above observations, the writ petitions are disposed of without order as to costs. 11. Connected application/s, if any, is also disposed of. 12. Interim order, if any, stands vacated. 13. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Ajay Kumar Gupta, J.)