SAMIR KUMAR Vs. SOMESWAR MUKHERJEE

JUDGEMENT

(1.) This is a rule, calling upon the respondents, the principal Ashutosh College, the Registrar Calcutta University, and the University of Calcutta, to show cause why a writ in the nature of mandamus should not issue directing the said Registrar to withdraw certain directions contained in Circular No. Misc. 13 dated 1-7-1952; and directing the principal Ashutosh College to restore the name of the petitioner in the College Register. The facts are shortly as follows: There is an institution called "The National Council of Education, Bengal", (hereinafter referred to as the council) having its headquarters at Jadavpur, in the suburbs of Calcutta. The object of this institution appears to be to foster education on patriotic lines with a particular leaning towards vocational education. It appears from the "outline scheme of studies for national schools", published by the institution (Annexure A to the counter affidavit in C. R. 3175 of 1952), that three courses have been prescribed namely Primary or 'adyaman', intermediate or 'madhyaman' and Final or 'antaman'. In this application we are concerned only with the Final School Standard examination. In or about 1949, a number of students who had passed the Final School Standard examination of the council applied to the University of Calcutta (hereinafter referred to as the 'University') for recognition of the said examination as equivalent to the Matriculation Examination of the University which has now been supplanted by the School final examination under the Board of secondary education, West Bengal. Thereupon the Syndicate of the University made certain enquiries from the Council, and by a resolution dated 16-12-1950, accepted the final School Standard Examination of the Council as equivalent to the Matriculation Examination of the University. The petitioner appears to have sat for the School Final Examination of the Board of secondary education, as well as for the Final School Standard examination of the Council, held in the year 1952. He failed in the former examination; but passed in the latter one. He then applied for admission to the Ashutosh College Calcutta and was admitted as a student on or about the 17th day of June 1952. He also paid into the hands of the College authorities, a fee for migration and Registration amounting to Rs. 22/-.

(2.) On or about 1-7-1952, respondent 2 issued a circular to the heads of all affiliated Colleges which is set out below: <FRM>JUDGEMENT_783_AIR(CAL)_1953Html1.htm</FRM>

(3.) On 24-7-1952, respondent 1 wrote to the petitioner's father and guardian requesting him to make a declaration in writing to the principal that his ward (the petitioner) had not failed at the test examination of any school or the School Final Examination of the Board of Secondary Education. West Bengal. It was intimated to him that unless he filed such a declaration within 7 days, the name of his ward will stand cancelled. The petitioner's father was of course unable to make such a declaration and on 3-12-1952 respondent 1, further intimated to him that his ward's admission would not be sanctioned by the University. On or about 17-12-1952, the petitioner's father made an application to this Court and a rule was issued by Bose J. on similar lines to the present rule, and an ad interim injunction was granted. This rule came up before me for hearing on 10-3-1953, when I held that the petitioner in that application (the father of the present petitioner) had no locus standi to maintain such an application. The rule was accordingly discharged. The present rule was issued on 11-3-1953 and a similar ad interim injunction, granted.