Justice Abhijit Gangopadhyay of Calcutta High Court will no longer hear cases related to primary education, following a notice signed by the chief justice of the court.
The notice said Justice Gangopadhyay’s determination had been changed and the “urgent matters from the list and determination” of the judge would now be heard by Justice Rajasekhar Mantha.
The change in determination came hours after Chief Justice T.S. Sivagnanam spoke of an “unwanted situation” without mentioning any names.
Many in the court thought the chief justice was referring to the tiff between the single bench of Justice Gangopadhyay and the division bench headed by Justice Soumen Sen in a case of alleged irregularities in medical admission in the reserved category in Bengal last year.
The unusual turn of events at the high court last week had attracted the attention of the Supreme Court and a constitution bench of the apex court has taken over all petitions and appeals related to the case.
Chief Justice Sivagnanam on Tuesday morning said Calcutta High Court was a “prestigious institution in India”. That was during the hearing of a case not related to alleged irregularities in education.
During the same hearing, the chief justice said: “This (he did not elucidate) cannot be tolerated in the temple of law.”
“Efforts are being made to normalise the situation. I am ashamed and disappointed for a situation like this,” he said.
Hours later, the change in determination of Justice Gangopadhyay was announced.
The chief justice’s order came later in the evening from the office of the registrar-general of the court. It mentioned a change in the determination of three judges, including Justice Gangopadhyay.
Justice Sen, the head of a division bench before which an appeal related to secondary education was to come up on Tuesday, declined to hear the matter. “This court has been insulted… enough is enough. We do not have any attachment to any particular case,” he said.
After the change in determination, Justice Gangopadhyay was allotted “Matters (motion & hearing) under Article 226 of the Constitution… relating to Labour and Industrial Legislation under Group-III including applications connected thereto” and “Matters (motion & hearing) under Article 226… relating to Labour and Industrial Legislation under Group-III including applications connected thereto”.
The order said Justice Mantha’s determination would include: “Matters (motion & hearing) under Article 226 of the Constitution… relating to service under Group VI and applications connected thereto (2023 onwards); Matters (motion & hearing) under Article 226…. relating to Primary Education under Group-II… and Matters (motion & hearing) under Article 226… relating to service under Group VI and applications connected thereto (2023 onwards); Matters (motion & hearing) under Article 226… relating to Primary Education under Group-II including applications connected thereto.”
