Court No. 8 WPA (P) No. 591 of 2022

01.08.2025 Aninda Sundar Das (Item No. 44 PA (Chamber) Vs.

State of West Bengal & Ors.

1. None appears for the parties. Upon perusing the records it appears that the issue involved herein is of serious in nature. For the interest of justice the following order is passed.

2. In the instant public interest litigation the petitioner prays inter alia for the following relief(s):-

“a) Issue a Writ of and/or Writs in the nature of Certiorari directing the respondents each one of them, their men, agents and assigns to transmit to this Hon’ble Court the records of the case, herein, so that conscionable justice may be administered by perusing the same.

b) A Writ of and/or in the nature of Mandamus thereby directing the respondent Central Bureau of investigation to take cognizance of the complaint made by the petitioner investigate upon the same and bring the persons responsible behind the scam under the domain of law;

c) A Writ of and/or in the nature of Mandamus thereby directing the respondent Enforcement Directorate to take cognizance of complaint lodged by the petitioner and investigate upon the same and bring the persons connected with such money laundering under the domain of law;

d) Rule NISI in terms of prayers above; e) Any other appropriate Writ or Writs:

f) An interim order restraining the respondent university authorities specially the respondent nos. 3,4 and 9 from acting in her official capacity so that the evidence/records relating to the present scam could be necessary for the purpose of investigating by central agencies;

g) An interim order directing the respondent universities specially the respondent nos. 7 and 8 forthwith take all evidences/records relating to the present scam in their custody so that a proper investigation could be conducted and the real culprits are brought to books;

h) Ad-interim orders in terms of prayer hereinabove;

i) Costs of and incidental to this petition be borne by the respondents;

j) Such further or other order or orders be passed and/or direction or directions be given as this Hon’ble Court may deem fit and proper.”

3. Apropo the facts of the case is precisely that the respondent university authorities in connivance with the private respondents extorted an excess amount of rupees 2 lakhs in cash from the colleges for renewal of affiliations in spite of there being some deficiencies existing in the said colleges. The respondent university from the private respondents also extorted rupees 15,000/- for affiliation of each additional subjects which were to be added in the course of the colleges and also for the recommendation of each subject teacher the respondent university and the private respondents had taken rupees 30,000/- on account of each teacher from respective colleges. All these amounts were taken in cash in the name of the colleges for which no receipts of these amount were issued to the colleges. The scam involves money laundering as orchestrated by the erring/delinquent persons and their stooges, tarnishing the image of the entire educational system.

It is further submitted that several representations have been made to the respective higher authorities regarding the scams but till date no action has been taken against such unscrupulous persons involved in the malpractices of sham transaction.

4. The main bone of contention of the writ petitioner is for taking cognizance of the huge illegal and unethical monetary transaction by the different law enforcing agencies such as CBI and Enforcement Directorate in respect of the complaints lodged against the erring private respondents.

5. it is also further submitted that the mass petition filed by the petitioner before the different strata of the Government authorities till date no effective measures and/or steps have been taken to take cognizance of such mal practices/misdeeds of the unscrupulous persons.

6. The point involved in this case is no more re Integra. The question cropped up before a Division Bench of