IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

PRESENT:

THE HON’BLE JUSTICE TIRTHANKAR GHOSH

W.P.A. No. 17617 of 2025

Swami Vivekananda University & Anr.

-versus-

The State of West Bengal & Ors.

For the Petitioners : Mr. Sandipan Ganguly, Sr. Adv.,

Mr. Srijib Chakraborty,

Mr. Pinak Mitra,

Mr. Debdut Banerjee,

For the State- Respondents : Mr. Suman Sengupta,

Ms. Amrita Panja Moulick.

Hearing Concluded On : 29.08.2025 Judgement On : 03.09.2025

Tirthankar Ghosh, J. :

Petitioners have challenged the notice under Section 94 of BNSS issued

by the Investigating Officer of Mohanpur Police Station Case No. 110/25 dated 03.07.2025 which inter alia, directed the Registrar of Swami Vivekananda University (Petitioner No.2) to provide the records of all

students who received government scholarships from the institution for last five academic years (2020 to 2025).

Learned Senior Advocate appearing for the petitioners submitted that the petitioner no. 1 is a Private University established under the Swami Vivekananda University Act, 2019 situated at Barrackpore, North 24 Parganas and the petitioner no. 2 is the Registrar of the petitioner No. 1. The genesis of the case relates to a complaint addressed to the Officer-

in-Charge Mohanpur, Police Station by one Gopi Bondhu Ganguly, wherein it was alleged that the Centre-in-Charge for Exams organized mass use of unfair means, organized leakage of question paper of the Exam during May, 2025 and also Semester Examinations of West Bengal State Council of Technical and Vocational Education and Skill Development at Regent Institute of Science & Technology at Bara Kanthalia, Telini Para, Barrackpore.

The letter of complaint dated 18^th June, 2025 which has been treated to be the First Information Report, is hereby reproduced verbatim as under:

“1. I submit this complaint seeking registration of a cognizable-offence FIR and a prompt investigation into large-scale examination malpractice, criminal conspiracy and corruption that vitiated the May 2025 even-semester examinations conducted by the West Bengal State Council of Technical & Vocational Education and Skill Development (Technical Education Division) at Regent Institute of Science & Technology, Bara Kanthalia, Telini Para, Barrackpore - 700 121 (Centre Code -RIS).

2. The facts herein disclose offences punishable, inter alia, under -

a. Sections -112,406,409,318 of the BNS coupled with the wilful violation of government laws enacted to combat the evils of unauthorized trade in the educational field toying with the future of innocent students.

b. Sections 7, 13(1)(a), 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988; and C. Sections 3, 4 and 5 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (cognizable, non-bailable).

3. The Council's binding examination guidelines (Memo No.

WBSCTVESD/TED/2025-26/0150 dated (06-05-2025) require timed opening of sealed question papers, mandatory presence of an observer, continuous CCTV recording and an absolute ban on mobile-phone use.

4. Contrary to those directions, at Centre Code - RIS:

a. Sealed packets were opened prematurely and not in the observer's presence.

b. The observer attended only on Day 1 and was wilfully absent thereafter without substitution.

c. Question papers were circulated on WhatsApp/Telegram groups, enabling organized leakage.

d. The Centre-in-Charge instructed faculty to prepare written answers and supply them to examinees.

e. These acts occurred despite CCTV coverage; tampering or deletion of footage is now imminent.

5. The above conduct squarely attracts Sections 3 to 5 of the Public Examinations (Prevention of Unfair Means) Act, 2024, which criminalise unauthorised possession, leakage or dissemination of" question papers and provision of ready answers.

6. Because the Centre-in-Charge, observer and assisting staff are public servants performing a statutory duty, their acts constitute criminal misconduct by public servants under the Prevention of Corrupti