SANJIB KUMAR CHOWDHURY Vs. PRINCIPAL ST PAULS COLLEGE

JUDGEMENT

(1.) The facts in this case are shortly as follows:-- There is a well-known College in Calcutta, known as St. Paul's College, the proper designation being St. Paul's Cathedral Mission College. It is a College which was originally founded in 1865 by the Church Missionary Society, as the Cathedral Mission College at 22, Mirzapore Street. It was reformed in 1899 under the name and style of the Church Missionary Society's College and moved to its present site in Amherst Street in 1908. The present name was adopted in 1914. As stated above, the College was founded by the Church Missionary Society, also known as the Church Missionary Society of Africa and the East. The Society has properties in Africa and the East and so far as Calcutta is concerned, it holds properties through the Church Missionary Trust Association Limited. The Society has permitted the governing body of St. Paul's College to use the land and buildings situate in Calcutta, for the purposes of the said College. The constitution of the College provides that the Church Missionary Society had given free occupancy of the land and buildings to the College governing body on the understanding that they will be used for carrying on the College on the lines which the Society had laid down. The lands and buildings of the College are very valuable and are worth several lacs of rupees. For several years, and even at present, the College receives recurring grants from the Government. It is also admitted that although it is a Christian College over 90 per cent, of the students are Hindus. As I have stated above, the present governing body has been allowed to use the premises for the purposes of running the institution in accordance with the principles and policy laid down by the Church Missionary Society, and it is in conformity with these principles and policy that it has been set down in the prospectus issued by the College as follows:-- Religious Life and Teaching. There are services in the College Chapel at 8-30 a.m. daily except Sundays. On alternate Sundays there is an administration of Holy Communion at 7 a.m. Bengali Services are held in Holy Trinity Church, Amherst Street, and students are free to attend the Churches in the city. Non-Christian students are welcome at the Services in the College Chapel. All College students are expected to receive religious teaching twice a week during College hours. Members of the staff are glad to arrange times for private instruction with any student who may so desire. Full liberty of conscience in the matter of personal devotions is given to all students; BUT NO ACTS OF CORPORATE WORSHIP WHICH ARE CONTRARY TO CHRISTIAN PRINCIPLES ARE ALLOWED IN THE COLLEGE.

(2.) It appears that inside the College compound there is a Christian Chapel, but attendance at the Chapel is not compulsory. It is stated however that non-Christian students are welcome at the Services held in the College Chapel. The prospectus, inter alia, lays down that admission into the College in all cases implied an undertaking by the student and his parents or guardians, to submit willingly to the rules and discipline of the College. Prior to admission to the College, a student is required to make an application in the prescribed form. The petitioner made an application in the prescribed form and entered the College on the 27th June 1955, in the 1st year I. Sc. class. In his application he willingly undertook to submit to the rules and discipline of the College, On the 1st February 1956, 181 students of the College, and on the 10th February 1956, 85 students of the College placed two several memoranda before the Principal of the said College asking for permission to celebrate 'Saraswati Puja' inside the College compound. If this prayer was granted, it would necessarily involve the installation of the idol of the Goddess Saraswati within the College compound, where it is said, there is an available open space which is suitable for that purpose. The Principal of the College has refused to grant permission. Apart from these two memoranda, there have been other applications made from time to time, but the authorities have consistently turned them down, on the ground that in accordance, with the rules of the College as notified by the College prospectus and accepted by the students, and in conformity with the constitution and aims of the College as laid down by its founders, it was not possible to grant the prayer. It is further stated that while full liberty of conscience for personal devotion is given to all students, any worship or ceremony within the College and its hostels contrary to Christian principles cannot be permitted under the College constitution, as not being in conformity with the aims of its founders. This application has been made questioning the legal validity of such refusal.

(3.) Mr. Chatterjee appearing on behalf of the petitioner frames his case thus. He principally relies on Article 25 of the Constitution, which lays down that subject to public order, morality and health, and to the other provisions of Part III of the Constitution, all persons arc equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion. He next relies on Article 29 (2) of the Constitution which lays down that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds, on grounds only of religion, race, caste, language or any of them. The respondents on the other hand, rely on Article 30 of the Constitution which lays down that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.