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2025 DAILYLAW 3452 (CAL)

SHREE RAMAKRISHNA VIVEKANANDA MISSION COLLEGE OF JURIDICAL STUDIES v. STATE OF WEST BENGAL AND ORS.

WPA/26730/2025 · 2026-08-25

Aniruddha Roy

body2025

Judgment text

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W.P.A. 26730 of 2025 A.Roy, J, Form No. J.(2) Item No. 3 AB In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Aniruddha Roy W.P.A. 26730 of 2025 Shree Ramakrishna Vivekananda Mission College of Juridical Studies Vs. State of West Bengal & Ors. For the petitioner : Mr. Kishore Datta, Sr. Advocate Ms. Sumita Shaw, Advocate Mr. Soumen Chatterjee, Advocate For respondent nos. 1 & 2 : Mr. Lokenath Chatterjee, Advocate Mr. Sukanta Ghosh, Advocate For the State University : Mr. Santanu Kumar Mitra, Advocate Heard on : August 25, 2026 Judgment on : : August 25, 2026 [ IN COURT ] Aniruddha Roy, J. Since the regular determination has been assigned before this Court, upon considering urgency in the matter, the matter is taken up for consideration. The petitioner submits that, the concerned institute has obtained approval of affiliation to run the Law College for the prevailing sessions from the Bar Council of India on June 3, 2025, annexure P-8 at page 41 to the writ petition. However, the University has granted its affiliation for the W.P.A. 26730 of 2025 A.Roy, J. 2 academic sessions 2024-2025, such affiliation is dated December 10, 2024, annexure P-7 at page 40 to the writ petition. Mr. Kishore Datta, learned Senior Advocate submits that, the registration for the prevailing session will commence from today and the same would continue till September 14, 2026, hence, the extreme urgency involved in this matter. Mr. Santanu Kumar Mitra, learned advocate submits that, since the institute is beyond the territorial jurisdiction of the University, it cannot issue its affiliation without the proper sanction of the State Government. He submits that, the University had already sent the resolution of the decision of the Executive Committee along with the record before the department of Higher Education, Government of West Bengal for its opinion and decision. The issue is lying at that stage. In view of the above, after considering the submissions of the parties and the materials on record, to sub serve justice towards the students at large, the Principal Secretary, Department of Higher Education, Government of West Bengal shall decide the issue with its reasoned decision and communicate such reasoned decision to the concerned University and the petitioner but positively on or before September 1, 2026. The Principal Secretary by applying its independent mind shall decide the issue and take the reasoned decision in accordance with law. In the event, the affiliation is permitted to be granted by the University, the University shall grant the affiliation positively within three W.P.A. 26730 of 2025 A.Roy, J. 3 working days from the communication of the said reasoned decision of the Principal Secretary. It is made clear that, this Court has not gone into the merits of this writ petition. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents. With the above observations and directions, this writ petition W.P.A. 26730 of 2025 stands disposed of, without any order as to costs. Photostat certified copy of this order, if applied for, be furnished expeditiously. (Aniruddha Roy, J.)