LAWS(CAL)-1980-4-27

PROBODH KUMAR BHOWMICK Vs. UNIVERSITY OF CALCUTTA

Decided On April 25, 1980
PROBODH KUMAR BHOWMICK Appellant
V/S
UNIVERSITY OF CALCUTTA Respondents

JUDGEMENT

(1.) THIS is an application by one Probodh Kumar Bhowmick who claims to be a Professor of the University of Calcutta, Department of Anthropology. The petitioner's case shortly is that the petitioner was appointed as a Lecturer of Anthropology of Bangabasi College, calcutta, in the year 1952. In the year 1960, the petitioner states that he had obtained the Ph. D. degree in Anthropology. The petitioner joined the Calcutta University as a part-time Lecturer in the Department of Anthropology in September 1962 and thereafter in April 1963 the petitioner was appointed as a whole-time Lecturer. According to the petitioner the petitioner submitted a thesis entitled, "socio-Cuitural Profile of Frontier Bengal", and according to the petitioner, after the approval of the said thesis by the adjudicators, the petitioner was awarded the "doctor of Science", what an popularly known as D. Sc. degree in Anthropology. He claims that he is the only D. Sc. in Social Anthropology of Calcutta University, and on July 21, 1970 the petitioner was appointed as Reader in Anthropology, and in September 1976 the petitioner was appointed as the Professor and Head of the Department of Anthropology. On the expiry of two-year term as the Head of the Department the petitioner was reverted back to the post of Professor in or about September 1978. The petitioner, further states that he was appointed as University Grants Commission Visiting Professor in Social Anthropology which is known as Professor of Eminence in the Department of Social Anthropology of S. Veskateswara University in Tirpupati in Andhra Pradeshi. The petitioner, further, claims that he has written a number of books in Anthropology in English and Bengali and contributed about 140 original papers in the subject to various scientific journals. The petitioner also claims to have been the President of the Indian Science Congress of Archaeology Section in the year 1973 in Chand Garh Diamond Jubilee Session. It is the case of' the petitioner that in view of his distinction) in Applied Anthropology the petitioner was invited to participate in the International Symposium in Applied Anthropology held in Amsterdam. He also asserts that he has attended numerous symposiums and seminars either as a participant or as President. He also claims to be the Joint Editor of "man and Life", the organ of the Institute of Social Research and Applied Anthropology. In the last 10th International Ethnological Congress, 1978, the petitioner was a member of the National Committee. The petitioner also is a member of the Panel Committee of the University Grants Corn mission and has participated in the selection of lecturers and readers.

(2.) THE grievance of the petitioner, is that the petitioner came to know from a publication in the newspaper in the States-man on 8th May, 1979 and other leading newspaper of Calcutta of the same date, that the Calcutta University Council had by a resolution at its meeting held on 7th May, 1979 decided on the basis of an alleged Committee's report, to revoke the D. Sc. degree conferred upon the petitioner in the year 1967. The petitioner challenges in this application the said action of the University of Calcutta. The petitioner has stated that due to certain conduct of the teaching staff incited by the present members of the Academic Council, to the particulars of those allegations for my present purpose it is not necessary for me to go, there was great indiscipline and chaos in the department and there was an Enquiry Committee the particulars whereof I shall refer later on. The petitioner has also made serious allegations of bias against several members of the committee, to watch also it is not necessary to deal with, in the view I have taken. The said committee, however had not been appointed to enquire either into any conduct specifically of the petitioner, or to the legality or validity of the granting of the D. Sc. degree at all. This position is manifest and apparent from the records of this case.

(3.) IN the affidavit-in-opposition filed on behalf of the University of Calcutta by one Shri Pratip Kumar Mukherjee there is some history of this alleged cancellation. It appears there was a resolution passed on the 7th May, 1979 at the Special Meeting of the Calcutta University Council. The resolution, interalia, was to the following effect : "1. Resolved that the Report of the Enquiry Committee on the Dept. of Anthropology be adopted and that the Chairman, Prof. S. R: Das and other members of the Committee be accorded sincere appreciation of the Council for performing the duties assigned to them conscientiously. 2. Resolved further that: (i) The D. Sc. degree awarded to Dr. P. K. Bhowmick in a highly irregular manner be revoked and the decision of the Syndicate dt. 14. 9. 67 regarding this matter (item 3) be adhered to ; (ii) That a show-cause notice be issued to Dr. P. K. Bhowmick as to why disciplinary action should not be taken against him for various lapses and dereliction of duties as substantiated in the Report including the unauthorized induction of his close associate Sri R. Gupta, B. A. the then Police Commissioner and then I. G. of Police, West Bengal, into the Department: (iii) That departmental enquiries be immediately initiated in respect of the Library, stock verification accounting and related matters including the financial transactions between the Department and the Institute of Applied Anthropological Research and Vidisha Complex ; (iv) That a general warning. be issued to teachers and students that the Department would be disbanded unless they eschew their rancorous behavior patterns and observe strict academic proprieties ; (v) That the State Government be requested to enquire if the Department of Anthropology of Calcutta University were utilized in the interests of clandestine Police operations and/or any other related irregularities during the period 1971-77," in the resolution some other parts dealt with certain other actions against certain other persons with which again it is not necessary for my present purpose to deal with.