Md.Samim And ORS. v. State Of West Bengal And ORS.

24.11.2022 Item No. 8 Ct. No. 238 AKG WPA 21061 of 2022 Md. Samim & Ors.

Versus

The State of West Bengal & Ors.

Mr. Rajat Dutta ...for the Petitioner Mr. A. Roy, Mr. P. Ghosh ...for the Respondent Nos. 5 & 6.

Mr. Swapan Kr. Datta, Mr. Dipankar Dasgupta ...for the State Ms. Sumita Sarkar ...for Union of India This petition was moved on September 21, 2022 when a Co-ordinate Bench of this Court observed that the issue of maintainability of the writ petition should be addressed first before proceeding further.

Today, Mr. Rajat Dutta, learned advocate appearing for the petitioners submits that the petitioners are aggrieved by some illegalities in running a college namely, Mandal Teachers Training College, Uttar Dinajpur.

Mr. Dutta submits that the college has been set up by a trust and the trust formed a governing body to run the college. Various financial and other irregularities have been committed by the said governing body in running the college.

Petitioners, as the trustees, made various complaints before the authorities, which have not been addressed by them.

I am of the view that the petitioners as the trustees cannot have any reason to be individually aggrieved by the alleged illegal acts of the governing body. It is for the trust to take appropriate action against the said governing body. Therefore, in their individual capacity, the petitioners cannot maintain this writ petition.

WPA 21061 of 2022 is accordingly dismissed.

Dismissal of the writ petition will not prevent the petitioners from approaching appropriate forum. Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)