DILIP KUMAR SARKAR Vs. UNIVERSITY OF NORTH BENGAL

JUDGEMENT

(1.) THE writ petitioner/appellant has filed a writ petition challenging the legality of the constitution and/or formation of an Executive Council as, such Executive Council, according to the appellant/writ petitioner, was not constituted in strict compliance of the provisions laid down under North Bengal University Act, 1981 as amended by the West Bengal University Laws (Amendment) Act, 2011. The appellant has also prayed for removal of the Vice Chancellor being respondent no.6 and the Officiating Registrar being respondent no.7 of the said University. Several other incidental reliefs have also been prayed for in the said writ petition.

(2.) THE said writ petition which was registered as W.P. No. 4342(W) of 2012 was admitted for hearing by the Learned Trial Judge of this Court on 29th March, 2012. Direction was given for filing affidavits by the parties. The said writ petition was directed to be heard after exchange of affidavits between the parties.

(3.) WITH regard to the other interim relief which was claimed by the writ petitioner/appellant by way of injunction for restraining the present Executive Council from holding any meeting, this Court is of the view that such relief can be granted only if the Executive Council is found to have been constituted in violation of the extant Rules. Such relief cannot be granted by way of interim relief as, grant of such interim relief will amount to grant of ultimate relief claimed by the appellant/petitioner in the writ petition. As such, this Court declines to grant the interim relief which is claimed by the appellant/petitioner in the said writ petition at this stage.