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Calcutta High CourtWPA/5813/2026disposed

Debjyoti Patra And ORS. v. State Of West Bengal And ORS.

2026-04-02Hon'Ble Justice Reetobroto Kumar Mitra4 pages

02.04.2026 sdas WPA 5813 of 2026 Debjyoti Patra & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Anindya Lahiri, Sr. Adv.

Ms. Pranati Das Mr. Biplab Pal Mr. Anish Chakraborty .... for the petitioners Mr. Swapan Kumar Dutta, learned GP Mr. Biplab Guha Ms. Indumouli Banerjee .... for the State Mr. Arkwdipta Sengupta Mr. Tirthankar Dey Ms. Ankita Ghosh .... for the respondents no. 4,5 & 6 Mr. Robiul Islam Mr. Sk. Jayed Hossain Mr. Sumitra Das .... for the private respondents no.

8-11

1. Let affidavit-of-service, as filed in Court, be kept on record.

2. The petitioners, purporting to be students of the Sagar Mahavidyalaya, are aggrieved with the private respondents, SACT teachers in the said college, have not been performing their duties in accordance with the relevant notifications and memorandums. The petitioners, students of the said college, are also aggrieved that the teachers are not discharging their duties and are guilty of

dereliction of their duties and misconduct in not adhering to the routine which has already been pre-fixed and their duties cast in accordance therewith.

3. The private respondents/ teachers of the said college, are aggrieved that they were all being victimized on various grounds. The kingpin of such action is the teacher-in-charge/headmaster or principal of the said college duly aided and abetted by some of the complainants, who are not students of the said college at all or at least were not students when such complaints were made.

4. The college has issued show-cause notices, replies thereto have been given by the errant teachers. The college has forwarded its opinion and has sought for approval from the State by way of a letter of February 24, 2026 from the respondent no. 2.

5. In the milieu of facts, as aforestated, it is for the respondent no. 2 to take a decision on this issue and communicate the same to the college within a reasonable period of time.

6. Respondent no. 2 will not only look into the allegations levelled by the students of misconduct and dereliction of duty by the private respondents herein, teachers of the said college, but also to the apprehension of the teachers that the students

have been foisted unlawfully and illegally, relying on forged and fabricated documents to further the vested interests of the Principal of the said college. Respondent no. 2 will also decide on the issue of the duty hours as raised by the errant teachers.

7. Respondent no. 2 will, upon adequate prior notice of hearing, conduct a hearing of one representative from amongst the petitioners and similarly one representative from amongst the teachers who wish to oppose and a representative on behalf of the college.

8. This hearing will be conducted and concluded by May 20, 2026.

9. Respondent no. 2 will pass a reasoned order upon conclusion of such hearing by June 15, 2026.

The resultant order of such consideration will be communicated to the parties concerned by June 30, 2026.

10. It is expected that the students and the teachers will maintain decorum and dignity both within and outside the premises of the said college and not indulge any untoward acts of commission and/or omission. This observation is made in the light of the petitioners' submission that the errant teachers have indulged in threat and abuse to the petitioners not to progress any further with their complaints.

11. In the event any untoward incident occurs, the parties are at liberty to approach the appropriate court in accordance with law.

12. With the aforestated directions, the writ petition is, thus, disposed of.

13. Since no affidavits have been called for, allegations contained in the writ petition are deemed to have been denied.

14. There shall, however, be no order as to costs. 15.Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)