UNIVERSITY OF CALCUTTA Vs. ADVOCATE BENGAL

JUDGEMENT

(1.) THIS is an originating summons taken out by the University of Calcutta for determination of certain questions which are said to have arisen in connection with the Tagore Law Professorship founded by the late Mr. Prasunno Coomar Tagore. The questions framed are mainly based on the differences of opinion as to whether it is the Senate or the Syndicate of the University of Calcutta which should make the appointment of Professors under the said endowment.

(2.) PRASUNNO Coomar Tagore died leaving a Will dated October 10, 1862 thereby creating, inter alia ,a trust in favour of the University of Calcutta for the establishment of a Law Professorship to be called the "tagore Law Professor" by providing remuneration for the persons to be appointed professors. The founder directed his trustee or trustees to make over to the University sufficient amounts to provide a monthly sum of Rs. 1,000/- to be applied by the University for the purpose of the said endowment. The provision in the Will which touches the question in issue before me is as follows:

(3.) THE Senate of the University accepted the trust and made rules and/or schemes dated December 19, 1931 and September 15, 1945 in connection therewith. The details of the rules are to be found in paragraph 4 of the affidavit of Jogesh Chandra Mukharji, the Assistant Registrar of the University filed herein in support of the summons. According to the scheme, it is for the Faculty of Law of the University to select in the month of June in each year not mere than three subjects upon one of which the Professor for the year after the next was to be required to deliver a course of at least twelve lectures. Immediately after the selection of the subjects the Syndicate was to publish advertisements in newspapers inviting applications from candidates for the professorship. A candidate was required to send a synopsis of his proposed lectures etc. It was for the Faculty of Law to consider upon report submitted to it by a Special Committee appointed for the purpose the relative claims of the candidates and make recommendation for election of the candidates to the Senate. Even after election the appointment of a professor might ha cancelled by the Senate in certain circumstances, The Senate was further authorised to grant an extension of time for the performance of his duty by the professor elected.