Kolkata: The Calcutta High Court has issued a significant directive requiring the lockdown of student union rooms across colleges and universities in West Bengal, following concerns about the functioning of student bodies and recent incidents in educational institutions.
Justice Soumen Sen and Justice Smita Das De delivered the order, emphasizing the need for proper oversight and control of student union activities in educational institutions.
The court addressed a case involving a writ petition filed by Sayan Banerjee, a practicing advocate of the court, who raised issues overlapping with another petition regarding student union elections. The court noted that the petition concerned “the election of the students’ union, ancillary to the relief claimed in this writ petition.”
Addressing the current state of student governance in educational institutions, the court observed:
“The petitioner is a practising advocate of this Court. He has drawn our attention to an affidavit filed by the Senior Law Officer and ex-officio Assistant Secretary (Law Department of Higher Education), Government of West Bengal, disclosing details of various universities, from which it appears that in some of the universities, no elections have taken place in the recent past and in a few, they have been pending for long.”
The court highlighted the absence of functioning student councils, stating:
“There is no student council functioning at present in the universities/colleges forming part of the affidavit.”
In a specific directive addressing security concerns, the court instructed:
“We direct the Department of Higher Education, Government of West Bengal, to issue a directive to all universities and colleges that, in the event there is no recognized student body or council, or no election has taken place in the recent past, the students’ union rooms in the respective colleges and universities shall be put under lock and key, having regard to the incidents that occurred recently.”
The court emphasized strict access control, stating that:
“No student shall be permitted to enter or use the said students’ union or students’ room except with the written permission of the Registrar of the university or any other person competent to issue such permission.”
The court mandated transparency in access, directing that:
“The purpose for the visit by the student to such rooms identified for the students’ union should be disclosed in the letter.”
However, the order clarified:
“This shall not include the student recreational or common room and shall be restricted to the room/rooms identified and used as students’ union rooms.”
Regarding specific institutions, the court granted:
“Leave to implead South Calcutta Law College and Surendranath Law College.”
For South Calcutta Law College specifically, the court directed that:
“The students’ union room should be accessible only to the Investigating Agency until further orders.”
The court emphasized the importance of maintaining educational continuity, stating:
“The Governing Body of South Calcutta Law College must ensure that the academic intent of the students is not affected and that regular functioning of the college resumes at the earliest.”
The matter has been scheduled for further hearing on July 17, 2025, and the court directed that copies of the writ petition be served upon South Calcutta Law College and Surendranath Law College within the week.
Mr. Sayan Banerjee appeared in person as the petitioner, while Mr. Somnath Mukherjee appeared for South Calcutta Law College. The State was represented by Mr. Kalyan Kumar Bandopadhyay, Sr. Adv., Mr. Sirsanya Bandopadhyay, Sr. Standing Counsel, and several other advocates, including Mr. Arka Nag, Ms. Mahima Cholera, Mr. Debayan Sen, Mr. Debangshu Dinda, and Ms. Sumita Shaw.
Case Title: Sayan Banerjee vs. State of West Bengal & Ors.