Priyanka Kar v. State Of West Bengal And ORS.

HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

Present:

THE HON'BLE JUSTICE JAY SENGUPTA WPA 3204 of 2025 Ms. Priyanka Kar Vs.

The State of West Bengal & Ors.

For the Petitioner :

Mr. Biswaroop Bhattacharyya, Mr. Arkaprava Sen, Mr. Rahul Kr. Singh, Ms. Nilanjana Ghorui.

For the State :

Mr. Shamim ul Bari, Ms. Tuli Sinha.

For the C.U.

:

Mr. Nilotpal Chatterjee, Mr. Sourabh Sengupta.

For the respondent nos.9&10 :

Mr. Nilkamal Ghosh, Ms. Debjani Chakraborty.

Heard on :

28.03.2025 Judgment on :

28.03.2025 JAY SENGUPTA, J:

This is an application praying for declaring the actions of the respondents as arbitrary, for suitably compensating the petitioner for the mischiefs

perpetrated upon him and for a direction upon the respondent nos.4, 5 and 6 to permit the petitioner to appear in her first semester examination and all the consecutive examinations that will be conducted by the respondent/University. Learned counsel appearing on behalf of the petitioner submits as follows. it appears that on 12.07.2024, the petitioner was directed to appear before the Sub-committee constituted by the Board of Discipline in terms of Ordinance 62 of the Calcutta University First Ordinance, 1979 against a charge of alleged forgery of signature in laboratory note book in one paper while appearing in Semester 1 examination. On 05.08.2024, an order of punishment was passed cancelling Semester 1 examination and debarring the petitioner from appearing at any examination of the University for a period of one year.

Heard the learned counsel for the respondent/University. It is noted that the University has not decided to take any penal action against the petitioner, except for the above disciplinary action. Therefore, without prejudice to the rights of the parties and without going into the veracity of the allegation of forgery and on the consent of the learned counsel for the petitioner, the writ petition is disposed of by passing the following directions:- (a) The result of the Semester 2 will be declared after the period of debarment.

(b) The student will be enrolled for the Semester 3 and allowed to appear for the Semester 4 with the regular batch.

(c) As the Semester 1 examination was cancelled, the student will be allowed to appear in the semester 1 examination along with the semester 3 examination.

As affidavits were not called for, allegations contained in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J) NB/09