PIJUSH NIOGI AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/27875/2025 · 2026-02-02
Amrita Sinha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11396 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11396 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
02-02-2026 Item No.44 ML Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.27875 of 2025 Pijush Niogi & Anr. -vs- The State of West Bengal & Ors. Mr. Giasul Islam …for the petitioners Mr. Mrityunjoy Goswami Ms. Sanchayita De …for the State Mr. Biswaroop Bhattacharya Ms. Pramiti Bandopadyyay Mr. Rahul Kumar Singh …for the Commission
1.
Learned counsel for the petitioners submits that the second petitioner will not proceed with the instant writ petition as he may not be able to reach the cut-off marks even if the question objected to by him is marked in his favour.
2. In view of such submission, the instant writ petition stands dismissed in respect of petitioner no.2. The consideration of the writ petition is restricted only to petitioner no.1.
3. The petitioner raises objection with regard to the manner in which the answer in respect of question no.47 has been assessed by the authority.
4. According to him, the answer given by him to the said question is correct. He relies on certain study materials in support of his submission. The petitioner has marked answer ‘A’ to be correct, whereas, according to the preliminary
answer key and the final answer key published by the Commission, answer ‘B’ is the correct answer.
5.
Learned counsel for the petitioner prays for appointment of fresh set of examiners to reevaluate the disputed question.
6. Submission of the petitioner is vehemently opposed by the Commission. It has been submitted that as the expert body has opined that answer ‘B’ is the appropriate answer, accordingly, the writ Court ought not to interfere in this matter. He seeks dismissal of the writ petition.
7.
Learned counsel for the Commission apprises the Court that an appeal – MAT No.30 of 2026 (Swaomi Bhattacharjee –vs- State of West Bengal & Ors.) – from the same issue as to whether the writ Court can direct re-evaluation is pending
consideration before the Hon’ble Division Bench.
8. As the issue is presently before the Hon’ble Division Bench, accordingly, hearing of the writ petition stands adjourned for the time being.
9. It will be open for the respondents to file affidavit- in-opposition within four weeks from date; reply thereto, if any, by a fortnight thereafter.
10. The candidature of the petitioner shall abide by the result of the writ petition.
11. Affidavit of service filed in Court be taken on record.
12. All parties are to act on the server copy of this
order duly downloaded from the official website of this Court.
13. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2
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