Calcutta High Court (Appellete Side)
Subham Das vs Jadavpur University And Ors on 27 March, 2025
27.03.2025
Item No.19
gd/ssd
WPA(P)/84/2025
SUBHAM DAS
VS
JADAVPUR UNIVERSITY AND ORS.
IA NO: CAN/1/2025
Mr. Biswaroop Bhattacharyya,
Mr. Neil Basu,
Mr. Sankha Biswas,
Mr. Ritikanta Pal
..for the Petitioner.
Mr. Kalyan Bandopadhyay, ld. Sr. Adv.
Mr. Jahal lal Dey,
Mr. Sirsanya Bandopadhyay,
Ms. Sumita Shaw,
Mr. Akash Dutta
..for the State.
Mr. Ritzu Ghosal, ld. Sr. Adv.
Mr. Anirban Ghosh
..for the Respondent No.4.
Mr. Anil Kr. Gupta ..for UGC.
Ms. Susmita Saha Dutta, Mr. Niladri Saha, Mr. Dip Jyoti Chakraborty ..for the Applicant.
1. This writ petition has been filed as a public interest litigation alleging serious issues in the Jadavpur University (hereinafter referred to as "the respondent University").
2. The petitioner seeks urgent intervention of this court in addressing the grave and escalating lawlessness and height of indiscipline within the University which was once a Premier institution of 2 highest learning established about 68 years ago. According to the petitioner, the deterioration is not incidental but is being deliberately orchestrated by a faction of students having certain political affiliation. Various allegations have been made in the writ petition and the petitioner seeks for direction upon the respondent nos.1 to 6 to ensure the safety and security of the students and staff (both teaching and non- teaching including administrative) of the Jadavpur University by securing all the campuses and hostels of the University; to deploy armed police personnel of the State Government or Central Forces under the supervision of the Kolkata Police in and around the campus and hostel including every gate of the University; to constitute a Special Investigation Team to receive, investigate and take appropriate action on all past, present and future complaints of crimes occurring within and around the University; for a direction to the Commissioner of Police, Kolkata to establish a permanent Police Outpost within the main campus of the University to direct the University to cooperate with the police authorities in establishing the permanent campus and such other reliefs which are incidental and ancillary to the above reliefs.
3. To decide as to what further course of action as to what directions are required to be issued in 3 this writ petition, we require affidavits to be filed more particularly by the Registrar of the University.
4. The learned senior advocate appearing for the State has placed reliance on an order passed by the Hon'ble Division Bench in WP 27428(W) of 2014 dated 24.9.2014.
5. It is submitted that during the year 2014 the situation arose in the respondent University which led to no classes being conducted and the University having virtually shut down and taking into consideration all the facts, the Hon'ble Division Bench issued the following directions:
"a) A police outpost shall be installed at the required entrances of the University campus so that the police personnel are available to divert any untoward incident happening.
b) The entry to the University campus should be restricted to the identity card holders I.e.
the students, faculty or staff of the campus.
c) If any students intend to agitate, they are at liberty to do so at a place indicated by the University so that there shall not be any disturbance to the running of the classes.
d) If any outsider to visit the University, the University shall have a desk at the entrance of the University campus who shall issue passes after verifying the details of the prospective visitor who intends to visit the University.
e) The state is directed to deploy necessary police personnel to control the situation whenever needed."
6. It is submitted that the said writ petition is still pending.
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7. The learned advocate appearing for the writ petitioner submitted that the above directions may be issued in this writ petition also so that the pride and prestige of the University and the safety and security of the students and the teaching and non-teaching including administrative staff are well protected.
8. The learned senior advocate appearing for the Jadavpur University has placed before this court the Minutes of the Meeting conducted on 15.3.2025 on the virtual mode in which the Vice-Chancellor, the Pro Vice-Chancellor and the Registrar (Acting) had participated and certain decisions have been taken.
9. While it is appreciated that the Vice- Chancellor and the other higher authorities of the University have taken a decision to meet and address the concerns and recorded the decisions taken in the meeting held on 15.3.2025, the matter does not stop there. What is required is implementation of the decisions which had been taken.
10. Therefore, the respondent University should file an affidavit clearly setting out as to how and what manner the decisions were implemented or in the process of being implemented.
11. The learned advocate appearing for the writ petitioner has referred to various annexures in the writ petition and submitted that certain organizations are holding the campus to ransom and persons who are 5 not students or freely having access to the premises of the University as well as the Hostel.
12. The respondent University need not be reminded of the fact that no person except the student is entitled to enter into the University or stay in the Hostel and if any other person has entered into the University, it should be with due permission of the authorities. The permission will be granted taking note of the purpose of such visit.
13. Therefore, the University cannot fight shy and state that they cannot control the persons who ingress or egress the University Campus.
14. In response to the query from the court, the learned senior advocate appearing for the respondent University submitted that as of now the security arrangement is taken care of by private security agency.
15. The question would be whether private security agency will be in a position to provide sufficient security for the campus, students, teaching and non-teaching and administrative staff.
16. We have our own doubt. However, this is only a prima facie view and this doubt has arisen in our mind taking note of the large number of FIRs which have been registered ever since 2014 in the Jadavpur Police Station concerning the University and the matters connected therewith.
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17. Therefore, this aspect has also to be addressed when the matter has been heard subsequently. It is not clear as to why the University has not addressed the State Government for necessary police assistance.
18. This aspect also will be considered on the next hearing date when the affidavit is being filed.
19. In the writ petition it has been mentioned that recently one of the highly placed political functionary of the ruling dispensation had visited the University and his vehicle was attacked etc. If the situation in the respondent University is not conducive, it is not clear as to why such important persons are to accept invitations in the University which may have a negative impact.
20. Therefore, there will be a direction upon the respondent University not to conduct any functions or seminars in which political functionaries or any other persons are invited and if such seminars or functions which are to be conducted by conducting academicians past and present.
21. The direction to file the affidavit shall be complied with by the respondent University within three weeks from date. Advance copy be served on all the learned advocates for the parties.
22. The learned advocate appearing for the petitioner in CAN 1 of 2025 is directed to serve copies 7 of the application along with the annexures on all the learned advocates appearing for the parties.
23. It is open to the respondents in the said application to file affidavit-in-opposition, if they so desire, within the aforementioned period.
24. List this matter on 8th May, 2025.
(T. S. SIVAGNANAM) CHIEF JUSTICE (CHAITALI CHATTERJEE (DAS), J.)