LawChakra

Justice Abhijit Gangopadhyay Order Stayed by Division Bench, Calcutta High Court in Medical Recruitment Scam

Petition in Calcutta HC Seeks Protection for Bengal Opposition Workers

The order for a CBI investigation, issued at 1.30 pm on Wednesday, was a response to a case alleging the use of fake certificates in medical college admissions. Justice Abhijit Gangopadhyay initially ordered a CBI investigation, but this decision was later temporarily halted by a division bench on the same day. However, in the afternoon, the single-judge reconvened and provided the case documents to the CBI.

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In a dramatic turn of events at the Calcutta High Court, a division bench issued an oral stay on an order by Justice Abhijit Gangopadhyay mere hours after it was given. Justice Gangopadhyay had directed the Central Bureau of Investigation (CBI) to probe allegations of corruption in medical college admissions, explicitly stating his distrust in the state police to handle the matter. This court does not trust the state police,” he declared, underscoring his concerns about the integrity of the state’s law enforcement.

The order for a CBI investigation, issued at 1.30 pm on Wednesday, was a response to a case alleging the use of fake certificates in medical college admissions. Justice Gangopadhyay, while addressing the courtroom, said, “CBI will investigate the corruption in medical college admissions. If there is any financial corruption in this incident, it also needs to come forward.” He also noted that the state could challenge this order and potentially take it to the Supreme Court, adding, “If so, I hope the state will tell how much money it has spent so far to block the CBI investigation!

However, before the state could approach the Supreme Court, the Advocate General (AG) made an oral submission to the division bench of Justices Soumen Sen and Uday Kumar. The bench, after hearing the plea, granted an interim stay on Justice Gangopadhyay’s order. The final decision on the effectiveness of this suspension is set to be made on Thursday when the state’s challenge to Justice Gangopadhyay’s order will be heard.

UPDATE (25/01/2024): Notably, both the single-judge, as well as the division bench have posted the matter for further hearing today (January 25) through parallel orders passed the same day.

UPDATE (25/01/2024): Single judge allows handover of case documents, says unaware of stay order
The issue just did not end with the stay order.
Justice Gangopadhyay took up the matter for hearing again after the lunch break.
As ordered in the morning session, a CBI officer was present in the courtroom. The judge, therefore, handed over the case documents submitted to the court by the State government to the CBI officer.  
Meanwhile, the counsel for the petitioner (Itisha Soren) is recorded to have informed the bench that “the matter was mentioned before the appeal court on behalf of the state.”
However, the single judge pointed out that “none from the State has intimated me any such thing.”
Having made this observation, the judge posted the matter for further hearing again for today morning.  

The case, brought to the court by Itisha Soren, alleges that many students, despite not being Scheduled Castes, gained admission to government colleges using fake certificates. The colleges involved include Calcutta Medical College, NRS Medical College, RG Kar Medical College, and Calcutta National Medical College.

Justice Gangopadhyay has been overseeing this case since last year and has expressed his frustration in court over unqualified individuals being prioritized in medical training. He ordered a verification of certificates for 50 individuals involved and instructed the State Scrutiny Committee to investigate the matter. The judge set a deadline of November 30 for the investigation, which led to the identification of 14 candidates with fake certificates by December 14. He ordered their dismissal within two weeks and called for criminal cases against them.

This ongoing case in the Calcutta High Court highlights the complexities and challenges in ensuring integrity and fairness in the educational sector, particularly in medical college admissions. The swift action by the division bench to stay the CBI investigation order reflects the dynamic nature of legal proceedings in high-profile cases.

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