UNIVERSITY OF CALCUTTA Vs. GOSTO BEHARI GHOSH

JUDGEMENT

(1.) This unfortunate litigation concerns the disputes over the constitution of the Governing Body of a college and is directed against the judgment and order of Anil Kumar Sen, J. dated March 5, 1973 whereby Civil Rule No. (4172) W of 1971 was made absolute with certain directions. Before we proceed to enter into the facts of the case, it will be necessary to take into consideration of the provisions of the relevant Act and Statutes framed there-under. By the Calcutta University Act, 1966 which came into force on September 18, 1966, the University of Calcutta was reconstituted and under its provisions thereunder the First Statutes of the University were framed by its Vice Chancellor. The said Statutes came into force on the same day on September 18, 1966 and Chapter vii contains provisions regarding the Governing Body of colleges, Clause (1) of Statute 93 provides for the constitution of the Governing Body and lays down that (a) the Principal of the college shall be the ex-officio secretary of the Governing Body, (b) two members are to be elected from amongst the whole-time teaches of the college, (c) for a college receiving financial aid from the State Government one member to be nominated by the State Government, (d) three members to be nominated by the Syndicate, (e) members to be included in the Governing Body under terms of any donation to the college, and other members as representatives of donors of the college to whose donation no such condition is attached; Clause (2) provides that the members of the Governing Body shall, at their first meeting; under Clause (3) the Principal of the college shall report the names of the persons of the Governing Body to the University; Clause (4) provides that all disputes about the election or nomination of the members or the President of the Governing Body shall be referred to the Syndicate and its decision thereon shall be final. Statutes 94 (1) of the First Statutes provides that the tenure of office of elected representatives of teachers shall be two years, and of other elected and nominated members shall be four years from the date of election of the President but an elected or a nominated member of the Governing Body shall, on the expiration of his term of office, continue to serve as such member until his successor takes charge or until the Syndicate otherwise directs.

(2.) We have recited in brief the relevant provisions of the statutes which will be necessary for our purpose in this appeal. We shall now state the facts as appearing from records. By a deed of settlement dated May 17, 1965 the petitioner nos. 1 and 2 in the Rule conveyed a piece of land at Madral, P.S. Jagatdal, 24 Parganas with a two storied building thereon to the petitioners nos.3 to 5 and respondent Nos.5 and 9 in the rule as members of the provisional Committee for the establishment of a B. T. College in the name of their predecessor, late Nandalal Ghosh. The provisional Governing Committee applied to the University for affiliation as a B.T. college and the Syndicate by its by resolution dated July 5, 1968 accepted the report of the Inspector of colleges of the University deputed for the purpose, and granted affiliation to the college on condition that teachers were to be appointed and approved by the University and college building was to be completed within two years. The college started functioning from August 1968.

(3.) On October 31, 1968, the University issued a circular to all heads of affiliated Colleges including the college of the petitioners asking them to reconstitute their respective Governing Body in accordance with the First Statutes and report the same to the University within December 31, 1968. The petitioner no.4 as Secretary of the provisional Governing Body informed the University on December 11, 1968 that the Deed May 17, 1968 had been substantially amended by another deed dated September 5, 1968 registered on December 31, 1968 whereby a Trust Board was created to administrator the college. The University by its letter of May 25, 1969 refused to accept the deed as it was registered after the enforcement of the First Statutes without its prior approval and it was directed that the Governing Body of the College should reconstituted in accordance with Statute 93 without further delay.