ARUNABHA BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE two appeals have been preferred against the judgment dated February 18, 1885 passed by the hon'ble Mr. Justice P. K. Majumdar dismising the writ applications filed by the appellants -challenging, inter-alia the procedings of the Court of Kalyani University for formation of the panel for appointment of Vice-Chancellor of the said university in terms of sub-section (1) section 9 of the Kalyani university Act, 1981.

(2.) ON 17th August, 1985 the Registrar, Kalyani University had issued notices for holding of the first meeting of the court of the Kalyani University on 31st August, 1985 to consider the appointment of the Vice-chancellor of the said University according to the provisions of section 9 (1) of the kalyani University Act, 1931. ON 31st August, 1933 the said meeting of the Court of Kalyani University was held. There being no unanimous recomendation and for election to the panel the following four were proposed who polled the number of first preference votes mentioned below against their names :-1. S. Mukherjee -1400 (first preference) -2. J. Ghosh - 600 ( ' " ' ) + 252 (by transfer at second count) = 852 N. G. Som.- 500 ( " " ) + 252 (by transfer + 40 at the second count) (by transfer at third count) =800 G. K. Manna - 700 ( " ) +84 ( " ) = 784

(3.) DR. Sitangshu Mukherjee (after first count), Dr. J. Ghosh (after second count) and Prof. N. G. Som (after third count) were elected to the panel of three out of which the chancellor of the said University in consultation with the minister was to appoint the Vice-Chancellor of Kalyani University. On August 30, 1985, i. e. , one day before the holding of the aforesaid meeting of the Court of the university, Ajit kumar Pramanik and Amitabha Banerjee had moved the first writ application. Hoh'ble Mr. Justice Umesh Chandra Banerjee had directed service of notices on respondents and made an interim order to the effect that the meeting of the court might be held on 31st August, 1985 but no effect was to be given to the resolution passed at the said meeting. On September 5, 19 85 Arunabha Bhattacharjee moved the second writ application challenging, inter-alia, the electron to the panel for appointment of the Vice-chancellor of Kalyani University held on 31st August, 1985. The learned trial. judge issued notices and made interim orders in terms of the order that had been made in the earlier writ application of Ajit Kumar Pramanik and another. As already stated, P. K. Majumdar, J. has dismissed both the writ applications.