GOSTA BEHARI GHOSH Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) A dispute over reconstitution of the Governing Body of Nandalal Ghose B.T. College on the enforcement of the Calcutta University First Statutes, 1966, (hereinafter referred to as the First Statutes) has come up to this Court for the second time; it is due entirely to the failure of the University of Calcutta and its authorities to appreciate their real obligations under the First Statutes and discharge the same in an appropriate manner. By a Deed of Settlement dated May 17, 1968, the petitioners Nos. 1 and 2 before this Court as the shebaits of Sri Lakshmi Janardan Thakur created a trust for the establishment of a college in the name of their predecessor Nandalal Ghose. Under the deed the trustees were the members of the Provisional Committee which would establish the college and manage it until the Governing Body was constituted. The deed further provided that after such establishment 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 Governing Body, how ever, a settlor or one of their successors would be a life member and further the settlor or settlor's successors would nominate one local member.

(2.) The college was established at Madral, Jagatdal. The Provisional Committee applied to the University authorities for affiliation of the said college from the academic session 1968 -69. On a report by K.K. Mukherjee and 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 report. Thus, the college started functioning from the academic year 1968 -69.

(3.) The Vice -Chancellor framed under s. 58(2) of the Calcutta University Act (hereinafter referred to as the said Act) the First Statutes which came into effect on September 18, 1968. Chapter VII of the First Statutes provides for constitution, powers and functions of the Governing Bodies of colleges and the tenure of their members Statute 93 provides as follows: