ASHUTOSH GHOSH Vs. UNIVERSITY OF CALCUTTA & ANR.

JUDGEMENT

(1.) Heard the learned Advocate for the writ petitioner as also the learned Advocate for the University of Calcutta.

(2.) Learned Advocate for the University of Calcutta submits that as the Syndicate of the University at a meeting Held on 25th June, 1996 has taken a view that nothing can be done in connection with the prayer of the writ petitioner, learned Advocate, therefore, submits that sometime may be given to the University of Calcutta to file Affidavit-in-Opposition. Statement has been made by the learned Advocate as a member of the Bar regarding the resolution taken by the Syndicate though no paper regarding the resolution has been placed before this Court. Learned Advocate for the writ petitioner submits that this Court by order dated 23rd April, 1996 directed the Controller of Examination, University of Calcutta, Respondent No. 2, to produce the two papers concerned before this Court for perusal on 10.5.96. Unfortunately the papers concerned were not produced on 10.5.96 and nothing was mentioned about the cause for non - production of those two papers upto 25th June, 1996 on which date learned Advocate for the University of Calcutta submitted that the University was going to take some decision at a meeting of the Syndicate to be going to take some decision at a meeting of the Syndicate to be Held on that date in the afternoon. No explanation has been given for non - production of the papers concerned as directed by this Court.

(3.) Non production of the papers concerned from the proper custody by the University of Calcutta, though directed by this Court, will be under the presumption that had the papers concerned been produced, then the same would have been gone against the University of Calcutta. In the circumstances there is no scope for giving any further time to the University to file Affidavit-in-Opposition which would be an empty formality.