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 ROY ..... APPELLANT

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.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [J.M. PANCHAL]

NEW DELHI SEPTEMBER  15, 2009.