SAMARENDRA PROSAD CHAKRAVARTY Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for an order directing the respondent to withdraw or recall its decision that only such students of Class X of the Chakraberia H.E. School who pass the Test Examination conducted by one Subal Chandra Pal, officiating Head Master of the School and are sent up for the Matriculation Examination in 1951 by him will be admitted to the examination by the University and also for an order on the respondent calling upon it to issue the necessary forms and take other necessary steps for the admission of the petitioners to the ensuing Matriculation Examination.

(2.) The petitioners are two out of 100 students of Class X of a well-known school in South Calcutta known as Chakraberia High English School now located at 93, Bakul Bagan Row and 23/1, Chakraberia Road South. The said school was originally started in 1857 and was run as a Middle English School until the year 1938 when it was converted into a High English School and it was recognised by the respondent University in terms of the University Act, 8 of 1904, as a school entitled to send up candidates for the Matriculation Examination and the students who have passed the Test Examination held by the said school are entitled to sit for such examination.

(3.) The respondent University was established and incorporated by Act 2 of 1857 which was passed on 24-1-1857. The object for which the University was established is stated in the Preamble of the said Act to be as follows: