The Calcutta High Court has dismissed a petition filed by Swami Vivekananda University, Barrackpore, challenging a police notice that demanded student scholarship records spanning five academic years. Justice Tirthankar Ghosh, delivering the judgment on 3rd September 2025, held that interfering at this stage would obstruct an ongoing investigation into alleged large-scale exam malpractices and misuse of scholarship schemes.
Background
The case originated from a complaint lodged in June 2025 by one Gopi Bondhu Ganguly. He alleged that the Centre-in-Charge at Regent Institute of Science & Technology (RIST), an AICTE-approved diploma institute in Barrackpore, orchestrated mass cheating during state council examinations. The complaint detailed premature unsealing of question papers, leakage on WhatsApp and Telegram, and even faculty-provided answers to students.
Read also:- Delhi High Court quashes dowry harassment FIR after couple reaches amicable settlement
According to the police, the alleged malpractice was linked with financial irregularities in government scholarships meant for deserving students. Since both RIST and Swami Vivekananda University are managed by the same trust, investigators extended their probe to the University. On 25th July 2025, Mohanpur Police issued a notice under Section 94 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), directing the University's Registrar to furnish records of scholarship beneficiaries from 2020 to 2025.
The University, however, argued that it had no role in RIST's internal affairs.
"Scholarships like Aikyashree or the Swami Vivekananda Merit-cum-Means are fully run by the state government, with a three-tier verification system. The University merely forwards applications; the funds come directly from the state," senior advocate Sandipan Ganguly submitted.
Court's Observations
Justice Ghosh examined whether the police officer was justified in invoking Section 94 of the BNSS, which allows courts or investigating officers to summon documents if they are "necessary or desirable" for an inquiry. The judge noted that such power is supplementary and meant to assist investigation, trial, or other proceedings by ensuring access to relevant material.
The bench stressed judicial restraint when an investigation is at a sensitive stage. Quoting the Privy Council in Khwaja Nazir Ahmad (1945),
the court reminded that "the judiciary should not interfere with the police in matters which are within their province."
Read also:- Supreme Court Restores Reliance Jio Services After Disruptions on CoW Towers Inside Court Premises
Rejecting the University's plea of harassment, Justice Ghosh remarked:
"The materials collected in course of investigation prima facie satisfy the requirement in respect of the documents called for by the investigating officer. To go further into reasons would be interfering with the investigation itself."
The High Court dismissed the writ petition (WPA 17617 of 2025), thereby upholding the police notice. With this order, Swami Vivekananda University must comply and hand over the scholarship records sought.
The Judgment ends the University’s immediate legal challenge but leaves the larger investigation wide open. For now, the police will continue probing both the examination scam and possible misuse of scholarship funds, with the Court making it clear that it will not step into the shoes of investigators.
Case Title: Swami Vivekananda University & Anr. vs. The State of West Bengal & Ors.
Case No.: W.P.A. No. 17617 of 2025
