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2014 DIGILAW 705 (CAL)

Papri Dey v. State of West Bengal

2014-07-31

BISWANATH SOMADDER

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JUDGMENT : Biswanath Somadder, J. 1. In all these writ petitions, an interesting question comes up for consideration and that is whether Ronald Ross made his discovery of mosquito, being the vector of malaria, in Secunderabad or in Calcutta (now Kolkata). An answer to this question is required because it will determine the fate of the writ petitioners, all of whom had appeared in the Teacher Eligibility Test 2012 Examination, which was held on 31st March, 2013, wherein an objective type question was asked with four options given, which is set out herein-below: "Mosquito is the vector of Malaria - Which city of India is famous for this discovery by Ronald Ross? (A) Kolkata (B) Chennai (C) Allahabad (D) Secunderabad" 2. All the writ petitioners had written "(A) Kolkata" as the right answer. All of them later found out that their answer "(A) Kolkata" has been marked incorrect. According to the West Bengal Board of Primary Education, "(D) Secunderabad" was the correct answer. The petitioners have now approached this Court under Article 226 of the Constitution of India specifically stating that the correct answer to the question was "(A) Kolkata" and not "(D) Secunderabad" which would be borne out from copies of documents/records including extracts from various prescribed secondary level text books annexed to their writ petitions. 3. On 3rd July, 2014, this Court, upon considering the submissions made by the respective parties, was of the view that a clear answer to question should lie somewhere in the archives of the National Library, Kolkata. As such, this Court directed the Director General, National Library, Kolkata, to depute a competent person to research the archives in order to find out the correct answer and apprise the Court accordingly on the next date. 4. Subsequently, these matters came up for consideration on 24th July, 2014. The report of the Director General, National Library, Kolkata, based on research of the National Library archives was placed on record through the office of the learned Registrar General. On the prayer of the learned Advocate appearing on behalf of the West Bengal Board of Primary Education, a copy of the report prepared by the National Library, Kolkata, was directed to be circulated amongst the parties. 5. Today, the writ petitions are taken up for final disposal. On the prayer of the learned Advocate appearing on behalf of the West Bengal Board of Primary Education, a copy of the report prepared by the National Library, Kolkata, was directed to be circulated amongst the parties. 5. Today, the writ petitions are taken up for final disposal. Learned Advocate appearing on behalf of the West Bengal Board of Primary Education seeks leave to file an affidavit taking exception to the report filed by the Director General, National Library, Kolkata, which may be taken on record. 6. Learned Advocates appearing on behalf of all the parties have extensively submitted on the issue raised as to what the correct answer to the question should be. Learned senior Advocate for the State accepts the contents of the research-based report prepared by the National Library, Kolkata. 7. The concluding portion of the report prepared by the National Library, Kolkata, based on research of its archives, reads as follows: "In Conclusion At Secunderabad "an extremely lucky observation" ... "gave the clue; but even then the success was a miracle of luck." Sir Ronald Ross still needed repeatable and predictable results to "prove the theory" on the one hand, and also to make some more discoveries to solve the "Great Problem." The anniversary of the day of this "fundamental discovery" at Secunderabad, 20 August, he would subsequently call the "Mosquito Day." Ronald Ross believed that "These two observations [at Secunderabad] solved the malaria problem. They did not complete the story, certainly; but they furnished the clue." He stated that "the great difficulty was really overcome and all the multitude of important results which have since been obtained were obtained solely by the easy task of following this clue." However Ronald Ross was transferred from Secunderabad on British Army duty about which he remarks that "it would be difficult for others to understand the effect of this cruel blow" and as a result his malarial research was halted. He strongly felt that, "there is no doubt whatever that, had I been left at Secunderabad, I could easily have traced the whole life-history of the human parasites in dappled-winged mosquitoes within a few weeks ... No sooner had I found the Treasure Island, then I was driven away from it by an unopposable gale. He strongly felt that, "there is no doubt whatever that, had I been left at Secunderabad, I could easily have traced the whole life-history of the human parasites in dappled-winged mosquitoes within a few weeks ... No sooner had I found the Treasure Island, then I was driven away from it by an unopposable gale. I saw the Promised Land, but was not allowed to enter it." In spite of the early clues, Sir Ronald Ross was well aware that it would be "absurd to attempt final conclusions as yet" and that it was clear to him that he had not yet made his discovery of mosquito as the vector of malaria at Secunderabad, though he thought that he could "venture to draw some cautious inferences on these observations." Continuing his research at Calcutta after the "interruption" he discovered how "malaria infect is.... put directly into our blood by the bite of mosquitoes." At Secunderabad, Ross had found that malaria parasites could live and grow inside the stomach wall of the mosquito, while later at Calcutta Ross discovered that the malaria parasites pass on to the salivary glands of the mosquitoes, and it can carry malaria-causing parasites from one host to another through its bites- "man from the mosquito and into the mosquito from man." Thus, one may say that it was at Calcutta, that Rosss discovery of mosquito as the vector of malaria was conclusively established. From a historical perspective, assessing Eureka moments of discovery (especially from biographical narratives) in a mesh of accompanying doubts of an on-going process, becomes dependent to some extent, on matters of subjective interpretation and judgment. What does stand out as concrete fact, in the history of the disease, is the formal intimation of the discovery (Rosss letter to Manson dated 9th July 1898, from Calcutta). This marked the final point of certainty for Ross and led to the public announcement of this discovery by Manson at the meeting of the British Medical Association in Edinburgh in July 1898. List of Sources Cited Manson, Patrick. Tropical Diseases - a manual of the diseases of warm climates. London, Paris, New York, Melbourne, Cassell & Company Ltd. 1903. Ross, Ronald. Memoirs: with a full account of the great malaria problem and its solution by Ronald Ross. London: John Murray, Albemarle Street, W., 1923. Ross, Ronald. List of Sources Cited Manson, Patrick. Tropical Diseases - a manual of the diseases of warm climates. London, Paris, New York, Melbourne, Cassell & Company Ltd. 1903. Ross, Ronald. Memoirs: with a full account of the great malaria problem and its solution by Ronald Ross. London: John Murray, Albemarle Street, W., 1923. Ross, Ronald. "On some peculiar pigmented cells found in two mosquitoes fed on malarial blood", British Medical Journal, 18 Dec 1897, 1786-88. Ross, Ronald. Researches on malaria: Nobel prise medical lecture for 1902. Stockholm: Ktngl. Boktryckeriet. P.A. Norstedt & Soner, 1904." 8. In the affidavit filed in Court today on behalf of the West Bengal Board of Primary Education taking exception to the report prepared by the National Library, Kolkata, no clear or unequivocal reference has been provided by the Board wherefrom it could be conclusively established that the answer to the question specifically excluded Calcutta (now Kolkata) or that the contents of the researched report prepared by the National Library, Kolkata, based on four authentic archival sources including three quoting Ronald Ross himself, one of which was published by the British Medical Journal and the other from Patrick Mansons Tropical Diseases - A Manual of the Diseases of Warm Climates, published in 1903, were wholly incorrect. Rather, in paragraph 9 of the affidavit, a thin line is sought to be drawn with regard to the place of discovery - which according to the Board is Secunderabad - as distinct from conclusion of the discovery, being Calcutta (now Kolkata). 9. At this juncture, it may be pertinent to observe that the Teacher Eligibility Test (TET) Examination was conducted for the purpose of selection of candidates who would be eligible to become primary school teachers. Whether this type of question - where there is always some room for ambiguity, leaving scope for further research of the archives because of historical records being a bit blurred with regard to the precise Eureka moment of discovery - could at all be asked to an aspiring primary school teacher is also a question that begs for an answer. The process of discovery may have originated in Secunderabad and culminated in Calcutta (now Kolkata). In such a case, a precise answer for a question of this nature may not always be possible. The process of discovery may have originated in Secunderabad and culminated in Calcutta (now Kolkata). In such a case, a precise answer for a question of this nature may not always be possible. The exhaustively researched report prepared by the National Library, Kolkata, is sourced from four authentic archival publications that may be useful for a Ph.D. aspirant searching for a precise answer to the question which is posed before an aspiring primary school leacher by the Primary Education Board. If the prescribed text books of West Bengal Board of Secondary Education as also general knowledge books provide Kolkata as an answer to the question and the West Bengal Board of Primary Education opines otherwise, it could simply mean that there is an absence of a clear and unequivocal answer to the question. As such, it was not fair on the part of the West Bengal Board of Primary Education to saddle the candidates aspiring to be considered eligible for becoming primary school teachers with a question of this nature where there is always a scope for ambiguity and two schools of thought. Be that as it may, based on the researched report prepared by the National Library, Kolkata. from its archival sources, the answer to the question - as provided by the writ petitioners - certainly cannot be held to be incorrupt. At the same time, it would not mean that those who have been awarded marks for having given Secunderabad as the correct answer would be penalised. 10. In such circumstances, this Court directs the West Bengal Board of Primary Education to award full marks to the writ petitioners for having provided "(A) Kolkata" as the answer to the ambiguous question:- "Mosquito is the vector of Malaria - Which city of India is famous for this discovery by Ronald Ross? (E) Kolkata (F) Chennai (G) Allahabad (H) Secunderabad" 11. Upon awarding full marks to the writ petitioners for the said question, their total marks will be recalculated and upon such recalculation, the Board shall consider their eligibility in accordance with law. 12. The entire exercise, in terms of this order, shall be completed as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from the date of communication of a photostat certified copy of this order. 13. 12. The entire exercise, in terms of this order, shall be completed as expeditiously as possible, preferably within a period of four weeks, but not later than six weeks from the date of communication of a photostat certified copy of this order. 13. This Court would like to express its gratitude to the National Library Kolkata, for having done such painstaking archival research in order to prepare the report pursuant to this Courts order dated 3rd July, 2014. Let a copy of this order be communicated by the learned Registrar General to the Director General, National Library, Kolkata. 14. All the four applications stand disposed of accordingly. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties.