GOSTHA BEHAR GHOSE Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) This Rule was issued on a Writ petition. The dispute involved is one over reconstitution of the governing body of Nandalal Ghose B. T. College on the enforcement of the Calcutta University First Statutes, 1966 (SC) (hereinafter referred to as the First Statutes).

(2.) The first two petitioners are the shebaits of Sri Sri Lakhi Janardan Thakur. By a deed dated May 17, 1968 they conveyed certain lands and a two storied building to petitioners 3 to 5 and respondents 5 and 9 as trustees for setting up a B. T. College to be named after late Nandalal Ghose, the father and grandfather of the petitioners 1 and 2 respectively. Under the said deed the settlees were constituted members of a provisional committee who would establish the college contemplated by the trust. But the deed further provided that after such establishment the committee or the governing body of the college would be formed according to law, rules and regulations of the University of Calcutta for the management of the said college. In such committee, however, a settlor or one of their successors will be a life member and further a settlor or settlors' successors will nominate one local member.

(3.) The settlees established a college. On March 26, 1968 they applied to the University authorities for affiliation of the said college from the academic session 1968-69. On a report submitted after enquiries by Sri K.K. Mukherjee and Sri A.C. Banerjee the Calcutta University Syndicate by a resolution dated July 5, 1968 granted affiliation subject however to the implementation of certain conditions set out in the enquiry report. On such affiliation the college was run from the beginning of the academic year 1968-69.