20 21-09-2026 AKG Ct. 237 WPA 26218 of 2025 With CAN 1 of 2026 Swapnil Borah Vs. The State of West Bengal & Ors. Mr. Partha Sarathi Bhattacharyya, Sr. Adv. Mr. Tanwee J. Mandal, Mr. Raju Bhattacharyya, Ms. Somashree Dey …for the Petitioner Mr. Rudrajit Sarkar, Mr. Aditya Kanodia, Mrs. Shreya Trivedi …for Respondent Nos. 16 & 17 Ms. Amrita Pandey, Ms. Sayanwita Auddya …for NMC Mr. Indrajeet Dasgupta, Mr. Ramij Munshi, Ms. Smita Pal …for the State Mr. Ranjan Bachawat, Sr. Adv. Mr. Soumya Roy Chowdhury, Mr. Sayan Roy Chowdhury, Mr. Satyaki Mukherjee, Mr. Ramendu Agarwal …for Respondent Nos. 7 & 8 Mr. Lokenath Chatterjee, Ms. Mary Datta …for WBUHS The petitioner was an intern at IQ City Medical College. He was initially suspended from his internship with effect from February 17, 2023, on the allegation of his involvement in a car accident, pursuant to an order dated February 16, 2023, passed by the Principal of the institution. For the purpose of enquiring into the allegations against the petitioner, the West Bengal University of Health 2 Sciences constituted a five-member Enquiry Committee comprising the following members: i) One retired Judge; ii) One retired police officer; iii) One representative of the University; iv) One independent lawyer having requisite expertise; and v) One psychiatrist. The University, however, directed the College to submit its report within thirty working days from the date of receipt of the said communication. It appears that, accordingly, the Enquiry Committee conducted the enquiry, during which the petitioner was afforded an opportunity to participate. The Enquiry Committee found the petitioner guilty of the allegations levelled against him. The report of the Enquiry Committee was thereafter submitted to the University by a letter dated February 29, 2024. The petitioner, however, approached this Court by filing WPA 19697 of 2024, inter alia, seeking supply of copies of all the documents and depositions relied upon by the Enquiry Committee in arriving at its findings. The said prayer was allowed by a Coordinate Bench of this Court by an order dated September 27, 2024, whereby the College and the University were directed to supply copies of all 3 documents and depositions relied upon by the Enquiry Committee in its report, either in soft or hard copy, for the convenience of the petitioner. It appears that, thereafter, on November 21, 2024, the aforesaid documents were supplied to the petitioner by the College. However, prior to the supply of the said documents, the Institute, by a letter dated March 2, 2024, discontinued the internship of the petitioner. Challenging the said order dated March 2, 2024, the present writ petition has been filed. In my view, the letter dated March 2, 2024, cannot be sustained. It was the University which had directed the constitution of the Enquiry Committee and had required the report of the Enquiry Committee to be submitted to it within a period of thirty days from the date of issuance of the said communication. In such circumstances, the decision to discontinue the internship of the petitioner could not have been taken by the Institute. On that ground alone, the order dated March 2, 2024, passed by the Institute is set aside. It does not transpire from the records placed before this Court as to the steps taken by the University after submission of the enquiry report. Since the petitioner has already been supplied with 4 a copy of the enquiry report and the documents relied upon therein, the University shall afford the petitioner an opportunity of hearing and, upon hearing him, shall take an appropriate decision in accordance with Regulation 2(c) of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021. The aforesaid exercise shall be completed by the University within a period of one month from the date of communication of this order. Accordingly, WPA 26218 of 2025 along with CAN 1/2026 is disposed of. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)