ASWINI KUMAR PATI Vs. UNIVERSITY OF BURDWAN

JUDGEMENT

(1.) In the instant application, the petitioner as Secretary to the Governing Body of Saldiha College challenged the legality and validity of the order dated March 10, 1978 passed by the Vice-Chancellor of Burdwan University superseding the Governing Body of the said College in the District of Bankura until the Governing Body of the said College is reconstituted in accordance with the directions issued by the University and also appointing Shri Ajoy Sinha, the District Magistrate, Bankura as an Administrator of the said College for the purpose of discharging the powers and functions of the Governing Body of the said College.

(2.) The short facts of the case are that the Saldiha College was an institution affiliated to the University of Burdwan and recognized as such and the said College was founded in the year 1966 by Vivekananda Siksha Niketan, a Society registered under the West Bengal Societies Registration Act, 1961. The respondent No.7 Shri Mukul Ranjan Roy was appointed on probation for a period of one year as Principal of the aforesaid College with effect from July 30, 1975. But it appears that the authorities were not satisfied with the said Principal and it was alleged by the Governing Body of the said College that the said Principal failed to discharge his function properly and could not enforce discipline amongst the staff and the students and he had also failed to develop and create academic atmosphere in the College. The said Principal thereafter tendered his resignation voluntarily. It may be noted in this connection that the said allegations were denied by the said Shri Mukul Ranjan Roy and it was contended by Shri Roy that as he did not allow undue interference by the Secretary of the Governing Body in the matter of his discharging duties and functions and also improper handling of the College cash, the said Secretary and other members of the Governing Body became displeased with him and he was compelled to tender a letter or resignation. It appears that on February 23, 1978, the Inspector of Colleges, University of Burdwan informed the petitioner by a letter that the Burdwan University Council in its meeting held on February 10, 1978 considered the case of Shri Mukul Ranjan Roy for reinstatement as Principal of the said College and it was further resolved that the direction be issued to the Governing Body of the College to reinstate Shri Mukul Ranjan Roy in his alleged substantive post of Principal of Saldiha College with effect from July 1, 1976 in terms of Government Order No. 1349(7)-EDN(V) dated 7/8.9.78. The Governing Body thereafter held a meeting but the said meeting was not concluded. But it appears that the Governing Body particularly the Secretary of the Governing Body was of the view that such direction could not have been passed by the University Council and the action of the University Council should be better tested in a Court of Law. It further appeared that Shri Ajoy Sinha, the District Magistrate, who also happened to be the President of the Governing Body wrote a letter to the Vice-Chancellor of Burdwan University, inter alia, informing him that the said direction of the University was not likely to be accepted by the Governing Body of the said College and although the meeting of the Governing Body was not concluded and had to be adjourned, he personally felt that the Secretary had been wielding considerable influence on the other members of the Governing Body and it was quite likely that the direction of the University would not be accepted by Governing Body of the College and as a matter of fact, some of the members of the Governing Body had been thinking to take the legal view on the said direction passed by the University Council to reinstate Shri Mukul Ranjan Roy and if necessary to test such direction of University in a Court of law. It further appears that the President of the Governing Body namely Shri Ajoy Sinha suggested that in such circumstances the Governing Body of the College should be superseded immediately so that the direction of the University should be implemented. It further appears that immediately after receipt of the said letter from District Magistrate, Bankura, the Vice-Chancellor passed the aforesaid Order superseding the Governing Body of the said College and appointing Shri Sinha as an Administrator for discharging the duties and functions of the Governing Body until reconstitution of a new Governing Body of the said College.

(3.) Mr. Dipankar Gupta, the learned Counsel appearing for the petitioner contended that there was no power of the University of Burdwan and/or the Vice Chancellor or supersede the Governing Body of the Saldiha College, namely a Private College affiliated with the said University of Burdwan and to appoint an Administrator on such supersession of the Governing Body. Mr. Gupta next contended that even assuming that the University Council could pass an order of suspension of the Governing Body of a Private College and could appoint an Administrator under the Burdwan University Act and the statutes and regulations framed thereunder, the reasons for such supersession of the Governing Body and appointment of the Administrator in the impugned memo of the Vice-Chancellor were non-est and imaginary and as such in any circumstance, the impugned action as contained in the said impugned memo was unwarranted and void. Mr. Gupta next contended that in any event there was no emergency which authorized the Vice-Chancellor to take such exparte action and on that score also the impugned memo is liable to be struck down. Mr. Gupta further contended that the impugned order is malafide and was passed in a colourable exercise of power and it will be quite apparent from the facts and circumstances of the case that the said impugned order was passed solely for reinstating Shri Mukul Ranjan Roy as Principal of the College although the Vice-Chancellor and/or the University of Burdwan had no authority to direct for reinstatement of an employee of a Private College. Mr. Gupta also contended that the malafide action of the University and/or the Vice-Chancellor will also be quite apparent from the fact that the said impugned order was passed on the basis of the suggestion given by the District Magistrate, Bankura and by the said impugned Order the Vice-Chancellor wanted to ensure that the Secretary of the College might not persuade the other members of the Governing Body not to give effect to the said direction of the University to reinstate Shri Roy. Mr. Gupta contended that the impugned order is also malafide an was passed in a colourable exercise of power because it was also intended to prevent the Secretary or the members of the Governing Body to move the Court of law against the direction of University to reinstate Shri Mukul Ranjan Roy with a retrospective date. Mr. Gupta in support of his contention that there was no power of the Vice-Chancellor and/or the University of Burdwan to supersede the Governing Body of a Private College and to appoint an Administrator contended that it will appear from the impugned order itself that the Vice-Chancellor of the Burdwan University in the purported exercise of his power conferred by Section 17(3) of the Burdwan University Act read with provisions of Statute 12 (Affn) of the Statutes passed the impugned order of supersession of the Governing Body and appointment of Shri Ajoy Sinha as the Administrator to discharge the duties and functions of the Governing Body of Saldiha College. Mr. Gupta contended that Section 12 of the University Act provides for the powers and duties of the Vice-Chancellor and Section 17(3) provides as follows:-