BIRATI SIKSHA SAMSAD Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) THE petitioner Birati siksha Samsad is a Society registered under the Societies Registration Act, i860 (hereinafter referred to as the society ). The principal objects of the society are to impart and promote education and to establish, maintain, carry on and assists educational works and institutions, inter-alia, Schools, colleges etc. For the purpose of carrying out the said objects the Society proposed to establish a College.

(2.) ON January 19, 1964 the Governing Body of the Society and the sponsoring Committee met jointly and constituted a provisional Governing Body for the College. The Calcutta University granted affiliation to the proposed College. The Society thereafter raised public donations and collected a considerable amount. The respondent No. 5. Santosh Chandra Dutta, who was a member of the Governing Body of the college, donated a sum of Rs. 1,00,000 for the purpose of construction of the college building on condition that the college should be named as Mrinalini dutta Mahavidyapith after the name of his mother. With the money raised by the Society a plot of land was purchased and a building was erected. The college is being held in that building. A Sub-Committee was formed at the instance of the Society for the purpose of framing the rules and regulations. The Sub-Committee framed the rules and regulations which were approved by the Society. Under the rules that were framed the constitution of the members of the Governing Body of the college is as follows: -

(3.) DISPUTES and difficulties arose in 1966 when the Calcutta University Act was passed and the Vice-Chancellor of the University framed the Calcutta university First Statutes, 1966, in exorcise of his powers conferred by subsection (2) of Section 58 of the said Act. The relevant Statutes are Statutes 93 (1) and 100 (1) which are as follows: -