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Calcutta High CourtWPA/26005/2024disposed

Toshani Education And Welfare Trust And ORS. v. State Of West Bengal And ORS.

2025-05-16Hon'Ble Justice Kausik Chanda3 pages

16.05.2025 Item No.71.

Ct. No. 15 Suman WPA 26005 of 2024 Toshani Education and Welfare Trust and Ors.

Vs.

The State of West Bengal and Ors.

Mr. Arif Ali Mr. Hebjur Rahman Mr. Sarban Bhattacharjee ..for the petitioners Mr. Parashar Baidya ...for the University Mr. Asim Hati Ms. Nandini Sharma ..for Toshani Welfare Trust Mr. Debabrata Mondal Ms. Sreetama Neogi Ms. Chinmoy Mukherjee ..for the private respondent Mr. Biblab Guha Mr. Asish Dutta ..for the State This is yet another instance involving a dispute between the two dissident factions of a B.Ed. college management, centering around control over the institutional email account and its associated password. Learned counsel appearing on behalf of respondent nos. 5 to 8 contends that they are presently in control of the college's management and that the email ID and its password have rightly been entrusted to them. Learned counsel appearing for the petitioners submits that, in an attempt to resolve the matter, the

Registrar of the University convened a hearing on July 15, 2024, which was attended by both the petitioner and respondent nos. 5 to 8.

It is further submitted that an order of injunction has already been passed in favour of the petitioners by a Division Bench of this Court. The petitioners also contends that, despite the passage of time, the University has not taken any final decision in the matter, and urges that the issue be resolved expeditiously.

Learned counsel appearing for the University submits that the hearing could not be concluded due to the retirement of the Acting Registrar.

In view of the pendency of the matter before the University, I am not inclined to pass any further order in this writ petition at this stage. The University is directed to afford all concerned parties an opportunity of hearing afresh and to render a decision within a period of six weeks from the date of communication of this order.

A reasoned order shall be communicated to all concerned parties within one week thereafter. For the sake of clarity, it is observed that this Court has not entered into the merits of the respective claims. The University shall adjudicate the matter independently, without being influenced by any observations made in the present proceedings.

Accordingly, WPA 26005 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)