Ranjan Guha Biswas v. State Of West Bengal And ORS.

DL-4 In the High Court at Calcutta 04.02.2026 Court No.37 [Bench ID-266046] (AD) Constitutional Writ Jurisdiction Appellate Side WPA (H) 84 of 2025 Ranjan Guha Biswas Vs.

The State of West Bengal & Ors.

Mr. Angshuman Chakraborty, Advocate Mr. Subhojit Saha, Advocate Mrs. Ruchira Chatterjee, Advocate Ms. Srijani Mukherjee, Advocate ... for the petitioner Mr. Vivekananda Bose , Ld. Jr. Standing Counsel Mr. Tirthankar Dey, Advocate ... for the State Mr. Sk. Md. Galib, Ld. Sr. Govt. Advocate Mrs. Priyamvada Singh, Advocate ... for the respondent no.6

1. Supplementary affidavit filed in Court be taken on record.

2. Pursuant to our order dated January 27, 2026, the children are present in Court. They are produced from the Home at which they were residing.

3. Petitioner and his wife are also present.

4. We interacted with the children as also the parents of the children.

5. There are three children involved. The eldest is about 11 years while the youngest is 6 years of age and the middle daughter is about 8 years of age.

6. All three children, in our interaction, stated that,

they would love to reside with their parents.

7. In our interaction with the parents, we tried to impress upon them the necessity of good parenting. We also tried to impress upon them that, this eventuality should not rise in future. They should take appropriate care of their children.

8. The three children are presently studying. In our interactions, we enquired as to the schools in which they would like to study, while they are with their parents. Each of the three children expressed their particular views.

9. We are pained to note that, despite our earlier orders, the Child Welfare Committee did not take any decision on the application for release of the children made by the petitioner. It is expected that a Child Welfare Committee decides on such application as expeditiously as possible.

10. The interest of the children is of paramount consideration.

11. In the facts and circumstances of the present case, in our view, the children would be better placed if their custody is made over to their parents.

12. In such circumstances, we direct the custody of the three children to be made over to the parents forthwith.

Relevant authorities will take appropriate steps in this regard.

13. The eldest and the youngest may be admitted to Belghoria High School, as desired by them.

Authorities will take appropriate measures in this regard.

14. So far as the other child is concerned, she expressed a desire to study at the Aryans School. The Aryans School authority is requested to consider her candidature after appropriate evaluation as to her suitability for admission as a student of such school. In the event, the Aryans School authority finds, on evaluation, that it would not be in the interest of such child to be admitted to such school, they are at liberty to regret her admission. In such eventuality, such child may be admitted at the Belghoria High School. Again, all authorities will assist the children with regard to their education.

15. In order to monitor the development and well being of the three children, it would be appropriate that, the Probation Officer submits quarterly reports with the Juvenile Justice Committee. In the event, the Juvenile Justice Committee finds from such reports that any other measures or steps are required to be taken, they are at liberty to do so, notwithstanding this order of us.

16. This order of ours will not prevent either the Child Welfare Committee or the Juvenile Justice

Committee from taking appropriate steps and measures with regard to the welfare, care and custody of the three children, if the need so arises in the future.

17. WPA (H) 84 of 2025 is disposed of without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)