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16-07-2026 Item No.4 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.16520 of 2026 Atri De -vs- Union of India & Ors. Mr. Bikash Ranjan Bhattacharyya, sr. adv. Mr. Firdous Samim, adv. Ms. Gopa Biswas, adv. Mr. Hasanuz Zaman Molla, adv. Ms. Brinta Dutta, adv. Mr. Rajosik Dutta, adv. Ms. Nurani Sultana, adv. Mr. Ayush Majumder, adv. …for the petitioner Mr. U.S. Menon, adv. Mr. Abhirup Chakraborty, adv. …for CBSE
1. The matter was taken up for consideration yesterday and the same stood dismissed upon hearing both the parties. Thereafter, the matter was mentioned by the learned counsel for the petitioner submitting that a similar issue is pending consideration before the Hon’ble Supreme Court. Hence, prayer has been made to post the matter today under the heading ‘To Be Mentioned’. Accordingly, the matter is appearing as ‘To Be Mentioned’.
2. Learned senior advocate for the petitioner submits that a public interest litigation before the Hon’ble Supreme Court over the self-same issue (OSM evaluation of answer scripts of CBSE Board Examination, 2026) is pending consideration before the Hon’ble Supreme Court.
3. Prayer has been made to direct the concerned respondents to file a report in the matter.
4.
Learned counsel representing the Central Board of Secondary Education (CBSE) furnishes a copy of a writ petition under Article 32 of the Constitution being WP(C) No.784 of 2026 which is in the form of public interest litigation and submits that the scope of the present writ petition and that of the public interest litigation are completely different.
5. The Board affirms that the answer script of the petitioner was duly evaluated by two separate examiners, and that no difference in marks of the petitioner has been found.
6. As the petitioner intends to rely upon certain further facts by seeking leave to file a supplementary affidavit, accordingly, the order dated July 15, 2026 stands recalled.
7. The petitioner shall prepare and circulate the supplementary affidavit by July 21, 2026.
8. CBSE is directed to file a report apropos the writ petition and the supplementary affidavit by August 4, 2026.
9. List the matter for further consideration on August 11, 2026.
10. All parties are to act on the server copy of this
order duly downloaded from the official website of this court.
11. Certified copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2
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