Mehmud Sarkar And ORS v. The State Of West Bengal And ORS

Item No.49 13.02.2026 Court. No. 6 GB CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 178 of 2026 Mehmud Sarkar & Ors.

VS The State of West Bengal & Ors.

Mr. Aninda Bose, Mr. Jagesh Chandra Roy ... for the Petitioners.

Ms. Bedashruti Bose, Mr. Sandip Guha Roy ... for the State.

Mr. Pragyadip Roy Basunia ... for the Respondent No.6.

1. Affidavit-of-service filed in Court today, is taken on record.

2. The police authorities have file a report which indicates that the petitioners never complained before the police with regard to an alleged incident of January 15, 2026 at Kalmati High Madrasah. Upon service of the writ petition, the police authorities conducted an enquiry and asked the petitioners to supply a copy of the complaint, when it was admitted by the petitioners that no such written complaint has been filed in the police station.

3. The petitioners' case is that, despite their job being protected by the Hon'ble Apex Court, they were

restrained illegally from attending the Madrasah from September 2024 on various occasions.

4. An enquiry was made by the police authorities. Such enquiry revealed that, the petitioners did not attend the school to discharge their official duties. The staff members and the local members were interrogated but, no materials were found in support of the claim of the petitioners that, they were wrongfully restrained from entering the school on various occasions.

5. However, as the petitioners have been protected by the Hon'ble Apex Court to the extent that they will continue to work, the police authorities will render adequate assistance to the petitioners if the petitioners seek any in the near future.

6. The headmaster specifically submits that the petitioners were never prevented either by the authorities or the staff, from entering the premises. The petitioners did not attempt to enter the premises.

7. Accordingly, the writ petition is disposed of.

8. Parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)