Supreme Court takes Cognizance of irregularities in MBBS admissions in West Bengal

New Delhi: The issue concerning irregularities in MBBS admission in West Bengal resulting from fake caste certificates shall now be considered by the Supreme Court, which has now transferred to itself all the proceedings pending in this regard before the Calcutta High Court.

Formally transferring the matter to itself, a five-judge bench headed by Chief Justice of India (CJI) D.Y.Chandrachud observed, "We will transfer the proceedings in the writ petition and the letters patent appeal from the High Court to the Supreme Court. We have already passed a stay order last time. We will list the matter after sometime so that parties can complete the pleadings in the meantime."

The matter has been listed for further hearing after a period of three weeks. "The proceedings in the writ petition (before the single bench)…under article 226 of the Constitution and in the Letters Patent Appeal (before the division bench)…are transferred from the Calcutta High Court to this court. All parties shall complete their pleadings within a period of three weeks," ordered the Supreme Court bench.

All the proceedings pending in this regard before the Calcutta High Court were stayed by the top court bench in a special sitting held on Saturday. The Court also stayed directions for a CBI probe issued by a single-judge bench of Justice Abhijit Gangopadhyay. The Supreme Court bench issued notice to the State of West Bengal and the original petitioner and observed that it "will take the charge now".

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During the brief hearing of the case on Monday, the counsel for the SC/ST group trust, senior advocate Maninder Singh, informed the bench that 14 out of 52 certificates for medical admissions have been found to be fake by the scrutiny committee. He further informed that the trust filed a plea as it came to know that the original petitioner before the Calcutta High Court may not approach the top court bench and therefore urged the court to list the petition too, adds Indian Express.

On the other hand, the counsel for West Bengal Government, senior advocate Kapil Sibal informed the top court bench that the State Government has filed a status report and 4 certificates have been cancelled and four FIRs have been filed in the matter, adds IANS.

Taking note of this, the Apex Court bench also comprising Justices Sanjiv Khanna, B.R. Gavai, Surya Kant, and Aniruddha Bose, said "We would like to have an affidavit by the state government on what is the current position, on what is the extent of the certificates found to be fake and what steps have been taken by the state."

At this outset, Sibal informed the bench that in the case of a fake caste certificate, there is a scrutiny committee where principles of natural justice have to be followed. He submitted, "That's all been done". Responding to this, CJI Chandrachud directed, "Put that all on record."

The counsel for West Bengal Government Advocate Sibal added, "The learned (single) judge continues to take these kinds of matters now. This is the problem now. Your Lordships should think about what should be done. Because in future also the learned judge is going to do the same thing considering what he has done in the past."

However, the top court bench observed that it would not be proper to cast aspersions on either the single judge or division bench. The CJI observed at this outset, "We will deal with it in a different way here. We have brought everything here… Anything that we say here should not impinge upon the dignity of a High Court."

"We have filed a couple of photographs where he is attending rallies… all these factors Your Lordships may look at," Sibal submitted before the Court.

Meanwhile, Senior Advocate A M Singhvi appeared on behalf of TMC leader Abhishek Banerjee, who referred to the Supreme Court order issued back in April 2023, where the top court bench had directed reassignment of the case when he approached it after the single judge allegedly made certain remarks against him.

"Unfortunately, Your Lordship’s reasonableness and caution are misunderstood as a sign of weakness. It is after your Lordships reassigned this very case earlier on my petition that all these strings of comments are happening every day. See some of the photographs filed. They will shock Your Lordships. It’s all happening after Your Lordships reassigned. This is not about a particular case It’s about bringing disrepute to the institution of judiciary," submitted Singhvi.

However, at this outset, the CJI observed, "There is a Chief Justice of the HC who is in charge of the assignment of cases to the different benches. So let’s not take away or arrogate to ourselves powers which are conferred on the chief Justice of the HC. I am sure the Chief Justice is taking stock of everything."

The apex court of the country took suo moto cognizance of the unprecedented differences arisen between a division bench and a single judge bench of the Calcutta High Court over CBI probe into alleged irregularities pertaining to admissions in medical colleges in West Bengal.

In an order passed on January 25, a single-judge bench of Justice Gangopadhyay "ignored" a stay order passed by the division bench of the High Court and asked the Central Bureau of Investigation (CBI) to "immediately" start investigation into alleged irregularities pertaining to admissions in medical colleges in West Bengal.

Justice Gangopadhyay even accused one of the two judges of the division bench of "acting clearly for some political party".

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