SC Stays Calcutta HC Order Seeking CBI Probe Into Alleged Irregularities in Medical College Admissions

Supreme Court on Saturday stayed the order passed by Calcutta High Court’s Justice Abhijit Gangopadhyay, which directed a CBI probe into the alleged irregularities in the admission of MBBS candidates in the state-run medical colleges and hospitals in West Bengal.

The apex court on Friday took suo moto cognisance of the order passed by Justice Gangopadhyay’s single bench which termed the division bench’s order to be “illegal and ignored”. The former accused his colleague and division bench’s Justice Soumen Sen of working for a “political party”.

The matter on Saturday was heard by a five-judge constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, Surya Kant and Aniruddha Bose.

“We will take this up on Monday, took this up now to pass this order. We have taken charge now,” the bench said.

Earlier the high court’s division bench including Justices Soumen Sen and Uday Kumar had stayed the single-judge bench’s order for a Central Investigation Bureau (CBI) probe into the matter. However, Justice Gangopadhyay on Thursday held division bench’s order to be wholly illegal.

Justice Gangopadhyay’s single-judge bench, while directing a CBI probe, had said that it had no faith in the state police. This statement was on the plea filed by MBBS candidate Itisha Soren which alleged irregularities in the admissions of candidates in medical colleges and hospitals under the reservation category.

Challenging this order, the West Bengal government had moved the high court’s division bench, which then imposed an interim stay on the CBI probe order.

Following this, Justice Gangopadhyay took up the matter and raised the question of how an order was passed in the absence of a memo of appeal.

“I have no other option but to ignore the order of the said Division Bench as the order has been passed in continuation of the illegal appeal void ab initio. I have ignored the said illegal order passed by the said Division Bench for the reasons as has been stated above including the ground of ‘interested person’ Hon’ble Justice Soumen Sen…” Justice Gangopadhyay said.

He further added that Justice Sen is “clearly acting for some political party in the State” because of which the orders passed in relation to the State are to be reviewed “if the Hon’ble Supreme Court thinks so”.