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Supreme Court of India

NIRMAL KUMAR RAY vs STATE OF WEST BENGAL on 15 September, 2009

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C.A. No.-006295-006297 - 2009Official PDFBench Harjit Singh Bedi, Jagdish Madhurlal PanchalAdvocates MANIK KARANJAWALA | SARLA CHANDRA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6295-6297 OF 2009
[arising out of SLP(C) Nos. 136-138 of 2008]
NIRMAL KUMAR ROYAPPELLANT
VERSUS
STATE OF WEST BENGAL & ORS.RESPONDENTS
O R D E R

Leave granted.

We have heard the learned counsel for the

parties.

Two arguments have been made by the learned

counsel for the appellant:

(i) that there was no occasion for the Selection

Committee to have re-checked and re-evaluted the answer

sheets; and

(ii)that some members of the Selection Committee

were actuated by mala fides and had deliberately

awarded higher marks in the viva to Nitai, the private

respondent.

We have gone through the judgment of the

Division Bench and find that the Court itself had called for the model answer paper and found that the

corrections made by the Selection Committee were fully

justified, and that this was a case of a mere

rectification and not re-evaluation as contended by

the learned counsel for the appellant.

The second argument of the learned counsel is

equally without merit. We see that though the members

of the Selection Committee are arrayed as parties, only

vague allegations of mala fides have been made and

nothing substantial has been put on record. We agree

with the learned counsel for the appellant that it is

extremely difficult to give details of mala fides

beyond a point but at the same time (we believe) to

arrive at a finding on mala fides, the Court has to

rely on cogent circumstances and not mere suspicion.

In this view of the matter, we find no merit in

this matter. The appeals are dismissed.