BIMAL KRISHNA ACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against the judgment and decree passed by the learned Trial Judge on 7th November, 1986 in C.O. No. 13247 (W) of 1986 holding that the Writ Court was not a proper forum for the purpose of adjudication of grievances of the writ petitioner and accordingly the writ petition was dismissed. As a result of the said order passed by the learned Trial Judge the resolution of the Executive Council of the Rabindra Bharati University adopted in its meeting on 9th September, 1986 was upheld. By the said resolution the Council considered the affairs of "Kabitirtha", an Institution affiliated to the said University in the light of the judgment and order passed on 11th July, 1986 by the learned Assistant District Judge, Alipore, in Title Suit No. 82 of 1985 and the Council found that the two Institutions under the same name and style of "Kabitirtha" College are being run-one at Subhas Pally and the other at Bakshipalli, Bangaon by two separate groups of persons and that the Governing Body was alleged to have been reconstituted by the same Institution on 18.10. 1984 for the Institution at Subhas Pally and in January, 1984 for the Institution at Bakshipally were not properly re-constituted as per the act and statute of the said University. Further the claim of Pinaki Ranjan Bharati, the founder President of Kabitirtha College having the right of management of the said college failed. The fact of this case is that in or about 1976 'Kabirtha', a college of Fine Arts, Dance, Drama and Music was started at Subhas Pally, Bongaon and was duly affiliated under Rabindra University on 26th August, 1976. Sri Pinaki Ranjan Bharati was the Principal. The said college was situated at a house belonging to father of Sri Pinaki Ranjan Bhanati. There were about 500 students in the said college and the staff-both teaching and non-teaching were 50 in number. On 1.9.84-Dissension arose with Sri Pinaki Ranjan Bharati and the member of the Governing Body. On 2.8.84 Kshirod Chandra Bharati, the landlord and the father of Sri Pinaki Ranjan Bharati served a notice to quit the rented premises where the college was situated alleging reasonable requirement for his own use and occupation. The Governing Body in their general meeting held on 23.9.84 resolved that the college be shifted to a new college premises on and from 1.10.84. In the said meeting the resolution was also taken for asking the Principal Sri Pinaki Ranjan Bharati to give an explanation for his unauthorised withdrawal of money and misappropriation of the same and to submit accounts of income and expenditure upto date. The matter was brought to the notice of the Rabindra Bharati University on January 31, 1985. The Registrar of the said University made a communication to both Sri Pinaki Ranjan Bharati, C/O 'Kabitirtha', Bongaon as also Siddheswar Biswas, C/O 'Kabitirtha', Bongaon intimating that the affiliation granted by Rabindra Bharati University to the institution under the name and style of 'Kabitirtha' kept in abeyance from now on until properly construed authority is able to present before the University by an amicably signed consensus or strength of order passed by the competent court. On 9th April, 1985 the Registrar of the Rabindra Bharati University assured that the University will provide all necessary reliefs to such persons having legal entity. A Police Case No. 831 of 1984 was started against Sri Pinaki Ranjan Bharati and his father, Kshirod Chandra Bharati in the Court of Sub-divisional Judicial Magistrate, Bongaon, North 24-Parganas as for defaulcation of 'college fund amounting to Rs. 34,000/-. On 9.12.84 the Governing Body passed a resolution and suspended Sri Pinaki Ranjan Bharati till the disposal of the said criminal case and Vice Principal of the College was given charge as acting principal. On 6th February, 1985 Title Suit No. 32 of 1985 was filed by Sri Pinaki Ranjan Bharati and 5 others against Siddheswar Biswas and 7 others in the Court of the Subordinate Judge, Alipore, inter alia, praying for :

(2.) By judgment and order dated 11.6.86 the Title Suit was dismissed by the learned Assistant District Judge held infer alia :-

(3.) The cumulative result of the above discussion is that the plaintiffs failed to prove that they formed any governing body properly on 18.10.84 that any such committees of the plaintiffs worked for the college. On the other hand, the defendants had been able to prove that the college was actually shifted from Subhas Pally to Bakshi Pally. After shifting the college to Bakshi Pally, students appeared at the Years Final Diploma Course Examination from time to time. In 1984 one of the students from the said Institution stood second in Music and in the Diploma Courser held in 1985 one student got 3rd place in the Music.