The Supreme Court on Friday took suo motu cognizance of an order passed by a single bench of the Calcutta High Court, which had struck down a division bench’s order in a case of alleged irregularities in the admission of MBBS candidates in state-run medical colleges and hospitals. as “illegal and neglected” in West Bengal.
The division bench of the High Court had stayed the order of the single bench for CBI investigation in the case.
The case is to be heard in a special hearing on Saturday by a five-judge Constitution bench comprising CJI DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, Surya Kant and Aniruddha Bose. A single-judge bench of Justice Abhijit Gangopadhyay on Thursday said the order passed by a division bench of Justice Soumen Sen and Justice Uday Kumar is completely illegal and should be ignored.
Initially, the single bench had directed a CBI probe on a petition filed by MBBS candidate Itisha Soren alleging irregularities in the admission of candidates to medical colleges and hospitals under the reservation category, saying it had no confidence in the state police. . Later, the West Bengal government moved the division bench of the High Court, which then ordered an interim stay on the single bench order.
Subsequently, Justice Gangopadhyay took up the matter and asked the Advocate General as to how the stay order could be passed by the Division Bench without the impugned order and how the order could be passed when there was no memorandum of appeal. ”I have no other option but to ignore the order of the said Division Bench as the order has been passed in continuation of the illegal appeal. As stated above, I have ignored the said illegal order passed by the said Division Bench including the ground of ‘interested person’ Hon’ble Justice Soumen Sen…
Justice Gangopadhyay said, “Thus, Justice Sen is clearly acting for some political party in this State and therefore, if the Hon’ble Supreme Court thinks so, then the orders passed in the cases involving the State should be reconsidered.” He also said that what Justice Sen has done is to further his personal interest to save some political party in power in this state.
Therefore, his actions clearly amount to misconduct, he said. “I do not know why a judge, Justice Soumen Sen, who has been under transfer orders for the last more than two years, has been removed from this court as a judge here in disregard of the recommendation of the Supreme Court Collegium (dated September 16, 2021) Working in. To the Orissa High Court.
Who are the people behind him, who are protecting him from such a transfer, thereby ignoring the order of the Supreme Court Collegium, while other honorable judges have been transferred on the same recommendation? Justice Gangopadhyay said in his order.
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