SC Takes Cognizance of Calcutta HC Order on Medical College Admissions [Supreme Court]

NEW DELHI, January 29, 2024—The Supreme Court has taken suo motu cognizance of a Calcutta High Court order that overturned an earlier single bench directive for a CBI probe into alleged malpractices in MBBS admissions in West Bengal medical colleges under reserved categories. A 5-judge constitution bench will hear the case on Saturday.

Sequence of Events

Originally, Justice Abhijit Gangopadhyay of the HC ordered the investigation based on a student’s petition alleging irregularities. This was then stayed by a division bench of Justices Soumen Sen and Uday Kumar.

Justice Gangopadhyay then declared the division bench order as illegal, ignoring it to enable investigations citing lack of faith in state police. He questioned how a stay can be granted without proper appeal procedures being followed.

Judge’s Harsh Observations

The judge further stated that Justice Sen’s actions tantamount to misconduct to help certain political elements and defiance of his Supreme Court recommended transfer to Odisha HC since 2021. He asked who the influential backers shielding Justice Sen from transfer were.

Justice Gangopadhyay ruled that he had no option but to ignore the partisan division bench order that was void legally. He desired the SC to review matters heard by Justice Sen due to perceived conflicts of interest.

Merits of the Case

The case emerged from an MBBS aspirant’s petition alleging backdoor entries of ineligible candidates in state medical colleges by misusing quotas, depriving genuine reserved category candidates of their due seats.

If prima facie discrepancies are established, a fair investigation is certainly warranted and the HC has taken proper course to order an independent CBI inquiry. Shielding guilty parties or obstructing investigative processes would undermine public trust in judiciary.

The Apex Court must now critically examine merits of the case, adhering to principles of natural justice while pronouncing a considered ruling. Upholding judicial accountability and probity are vital alongside delivering speedy justice.

The Supreme Court initiated suo moto cognizance of a Calcutta High Court single-judge bench’s declaration, branding a division bench’s order as illegal. This controversy involves alleged admission irregularities in West Bengal’s state-run medical colleges. Justice Abhijit Gangopadhyay of the single bench criticized the division bench’s stay on his order for a CBI probe into these irregularities. He accused Justice Soumen Sen of the division bench of acting politically, questioning his continued presence in Calcutta High Court despite a transfer order. The case, highlighting judicial disputes and alleged admission fraud, is set for a special hearing by a five-judge constitution bench.