Partha Chattopadhyay v. State Of West Bengal And ORS.
19.12.2024 Item No.4 PG/KS Ct. No.1 W.P.A. (P) 321 of 2024 With I.A. No. CAN 1 of 2024 Partha Chattopadhyay
Versus
State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya Mr. Saunak Sengupta Ms. Shobha Upadhyay Ms. Namrata Singh ............for the Petitioner Mr. Somnath Ganguly, Ld. |AGP Ms. Ujani Paul (Samanta)..........for the State Mr. Soumya Majumder, Sr. Adv.....for the respondent no. 20 Mr. Sayan Banerjee.........for the respondent no. 22 Mr. Aritra Ghosh ............for the respondent no. 23 Mr. Sabyasachi Chatterjee Mr. Sarajit Roy ..............for the respondent no. 24 Ms. Suparna Dutta.........for the respondent no. 25 Mr. Kallol Basu Mr. Apalak Basu Ms. Deboleena Ghosh ......for the University Mr. Anil Kr. Gupta,.......... for the UGC Ms. Asha G. Gutgutia........for the NCTE Mr. Nilendu Bhattacharya.....for the Intervenor Ms. Sumita Shaw Mr. Soumen Chatterjee.........for the Intervenor
1. We have heard the learned advocates for the parties at great length.
2. This writ petition has been filed by a practicing advocate of this Court styled as a 'Public Interest Litigation'.
3. After elaborately hearing the submissions of all the learned advocates and carefully examining the writ petition as well as the annexures in the stay petition, we find that this writ petition lacks bona fide. More or less an identical prayer was sought for in another public interest writ petition being no. W.P.A.(P) 621 of 2023 filed by one Sakti Prasad Maity, who claimed himself to be a social worker. The said writ petition was dismissed as withdrawn by order dated March 14, 2024. Surprisingly, the annexures in this writ petition are identical to that of the annexures in W.P.A.(P) 621 of 2023.
4. Several intervening applications have been filed by the various institutions making certain allegations against the Vice-Chancellor of the University and its officers. Since we are not satisfied with the bona fides of the present writ petition, we are not inclined to entertain any of the applications, which have been filed in this writ petition nor this writ petition. Accordingly, the writ petition has to be dismissed.
5. Mr. Ganguly, learned senior advocate appearing for the State would submit that a one-man Commission was appointed to inquire into the allegations of the University as well as to inquire into the conduct of the Vice-Chancellor of the University. The said order appointing the one-man Commission was challenged in two writ petitions, one filed by Baba Saheb Ambedkar
Education University in W.P.A. 9780 of 2024 and another by the Vice-Chancellor Prof. Soma Bandyopadhyay in W.P.A. 10574 of 2024 and both the writ petitions have been heard out and judgments have been reserved. However, there is no interim order in the said writ petitions.
6. Mr. Ganguly, learned senior advocate appearing for the State submitted that in the meantime, the one-man Commission so appointed, has submitted his resignation and the Government is in the process of appointing a new person to head the Commission.
7. The said submission is placed on record.
8. Sofar as the allegations are concerned, since we are not dismissing this writ petition on the aforementioned grounds, those allegations, which have been made by the intervenors against the Vice-Chancellor of the University are not gone into and left open.
9. In the light of the above, the writ petition stands dismissed for the aforementioned reasons.
10. No costs.
11. Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously upon compliance of all legal formalities.
(T.S SIVAGNANAM) CHIEF JUSTICE (HIRANMAY BHATTACHARYYA, J.)