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2026 DAILYLAW 43167 (CAL)

THE W.B. BOARD OF PRIMARY EDU. AND ORS v. SANTANU SIT AND ORS

MAT/1382/2024 · 2026-09-25

Arjun Ray Mukherjee, Shampa Sarkar

Transfer Petitionbody2026

Judgment text

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Item Nos.2 & 3 25.09.2026 Court. No. 12 GB MAT 1531 of 2024 With CAN 1 of 2024 With CAN 2 of 2024 With CAN 3 of 2026 Mrinmoy Haldar & Ors. Vs. Santanu Sit & Ors. With MAT 1382 of 2024 With CAN 1 of 2024 The West Bengal Board of Primary Education & Ors. Vs. Santanu Sit & Ors. Mr. Anindya Lahiri, Sr. Adv., Mr. Samrat Dey Paul … for the Appellants. Mr. Dhiraj Kumar Trivedi, Ld. ASGI., Ms.Swapna Jha … for the CBI. Mr. Subir Sanyal, Sr. Adv., Mr. Ratul Biswas, Mr. Kaushik Chowdhury … for the WBBPE. Ms. Asha G. Gutgutia … for the NCTE. Mr. Dibyendu Chatterjee, Mr. Rahul Deb Goenka, Ms. Satabdi Das, Mr. Mainak Singha Barman … for the Respondents. Mr. Pratik Dhar, Sr. Ad., Mr. Samir Halder, Mr. Snehal Sinha … for the Added Respondents (in CAN 3 of 2026 in MAT 1531 of 2024). Mr. Ali Ahsan Alamgir, Ms. Rabia Khatoon, Ms. June Modak, Mr. Debarpan Bose … for the Applicant (in CAN 2 of 2024 in MAT 1531 of 2024) 2 In Re: MAT 1382 of 2024 1. MAT 1382 of 2024 is detagged. 2. This is an appeal filed by the West Bengal Board of Primary Education. Learned advocate for the Board submits that they were aggrieved by a direction passed by the learned Single Judge in Paragraph 6(b) of the order impugned. Paragraph 6(b) is quoted below:- “6(b). The cost of engaging these experts or agencies, shall be borne/paid by the West Bengal Board of Primary Education, as and when demanded by the CBI.” 3. Subsequently, a coordinate Bench by an order dated August 30, 2024, had directed that the expenses should be paid to the CBI by the State of West Bengal for compliance of Paragraph 6(a). Paragraph 6(a) is quoted below:- “6(a). As to whether the existing servers/media/ hard disc and CPUs available with M/s. S. Basu Roy & Co. and/or the WBBPE contain and digital footprint as regards the scanned original OMR Sheets of TET 2014. This must be examined with the help of independent experts public or private or any person/persons specialized in retrieving deleted data and accessing the metadata available with any organization, enforcement agency within the country. As already indicated earlier once a digital footprint is created, the same can always be retrieved.” 3 4. As of now, the CBI has filed the charge-sheet upon conclusion of the investigation but direction contained in Paragraph 6(a) has not yet been complied with. 5. In any event, the grievance of the Board has been taken care of. The other appeals arising out of the same order would be taken up for consideration and, as such, the fate of the direction contained in Paragraph 6(a) would be decided in those appeals. 6. We dispose of this appeal by referring to the decision of the coordinate Bench where the State of West Bengal has been asked to pay the expenses. 7. Accordingly, the appeal being MAT 1382 of 2024 and the connected application are disposed of. In Re: CAN 3 of 2026 (in MAT 1531 of 2024) 1. This is an application for addition of party of the applicant nos.1 to 4 who although were added as a party respondents in the writ petition, have been mistakenly left out from the array of respondents in the memorandum of appeal and the connected application for stay. 2. Accordingly, CAN 3 of 2026 is allowed. 3. Learned advocate on record for the appellants is directed to incorporate the names of the applicant nos.1 to 4 of CAN 3 of 2026 in the memorandum of appeal as also the stay application here and now. 4 In Re: MAT 1531 of 2024 1. Let this matter appear on September 30, 2026. (Shampa Sarkar, J.) (Arjun Ray Mukherjee, J.)