BRAMCHARI SIDHESWAR SHAI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The sustainability of the common judgment of Division Bench of the Calcutta High Court rendered in appeals preferred against the order of dismissal of a Writ Petition by a learned single Judge of the same High Court by which the claim of the followers of Ramakrishna that an educational institution established and administered by their Ramakrishna Mission receives protection under Article 30(1) of the Constitution of India being an educational institution established and administered in exercise of their fundamental right as a minority based on religion and under Article 26(a) of the Constitution of India being an educational institution established and maintained in exercise of their fundamental right as a religious denomination or a section thereof,is upheld, since arises for our consideration in the pressent appeal filed against that judgment, all of them could be disposed of by this judgment.

(2.) As the writ petition filed in the High Court, which has led to the present appeals related to Ramakrishna Mission Vivekananda Centenary College at Rahra - 'Ramakrishna Mission College,' established and administered by Ramakrishna Mission, it would be advantageous to refer to material facts relatiing to establishment and administration of that College and the controversies thereto which led to the filing of the writ petition, and ultimately the present appeals, for a proper appraisal and appreciation of the points arising for our consideration in deciding the present appeals. Such facts are briefly these: By letter dated 19th July, 1961, the Secretary, Education Department of Government of West Bengal informed Swami Punnyananda Maharaj of Ramakrishna Mission Boys' Home of Ramakrishna Mission at Rahra of the willingness of Government of India for granting rupees two lakhs for construction of a college building on a suitable site at Rahra to be made available by Ramakrishna Mission and of the willingness of the Chief Minister to meet the additional cost of construction of such college building from funds of State Government, requested him to communicate the acceptance by Ramakrishna Mission of the proposal and further prepare plans and estimated cost of college building early. On Ramakrishna Mission's acceptance of the said proposal Government of West Bengal, issued Memo dated 27th October, 1961, intimating its Director of Public Instruction of Governor's approval for setting up a three year degree college under the auspices of Ramakrishna Mission Boys' Home at Rahra at its site at an estimated cost of Rs. 7,25,000/- to be borne by the State Government and Government of India. Thereafter, by a letter dated 25th April, 1962 the Deputy Secretary to Government of West Bengal addressed to Registrar, Calcutta University intimated him of the three year degree college to be set up at Rahra under the auspices of Ramakrishna Mission and its readiness to manage the college through a Governing Body to be constituted by it. In turn, by another letter dated 29th August, 1962, the Director of Public Instruction intimated to the Registrar, Calcutta University that the said college was being inaugurated under the auspices of Ramakrishna Mission Boys' Home and will function as a sponsored college with financial assistance from the State Government and Union Government and requested for obtaining University's affiliation of the college upto B.A./B.Sc. courses and approval of College Governing Body constituted by the Ramakrishna Mission. Calcutta University being of the view, that it was quite in fitness of things that the college was being ushered into existence in commemoration of the birth centenary of Vivekananda,who contributed so much to uplift the down-trodden and the building up of national character and education, not only granted affiliation to the proposed College, but also accorded approval to Governing Body of that College as constituted by Ramakrishna Mission. Thereafter, Governing Body of the College as constituted by Ramakrishna Mission from time to time with special approval obtained from the State Government and the University, continued to administer the affairs of that College. Ramakrishna Mission College did not, therefore, have a Governing Body which was modelled on the common pattern of governing bodies of sponsored colleges as becomes clear even from Government Memo dated 16th January, 1971 conveying approval of Governor for common pattern of Governing bodies of sponsored colleges, for it said, that the approval given by Governor regarding composition of the governing bodies of the sponsored colleges, did not include Governing Bodies of sponsored colleges run by Missionary Societies on the basis of agreement with respective Missions. Indeed, the letter of Deputy Secretary to Government referring to the said Memo had clarified that the Memo in its application to specially sponsored colleges such as colleges managed by Ramakrishna Mission, Christian Order Missionary Society, Brahma Samaj, Trust Deed etc. would be modified by Government according to exigencies by mutual agreement with Mission/Society/Parties concerned. In this Memo dated 18th April, 1978, the Deputy Secretary to Government of West Bengal also clearly stated that the Government had been feeling the necessity of revising the existing pattern for composition of Governing Bodies of Government sponsored colleges on a "standard pattern" excepting where the college concerned had a special constitution on the basis of Trust Deed or where the college was run by the Missionary Societies on the basis of agreement with respective Missions.

(3.) When according to the said Memo dated 18th April, 1978, the existing Governing Body of the Ramakrishna Mission College was carrying on the governance of that college, that on 12-8-1980 by a letter of even date, Principal of that college Swami Jitatnada resigned his post.