SWAP AN RAY CHAUDHURI Vs. KHAGENDRA NATH SEN
LAWS(CAL)-1961-12-5
HIGH COURT OF CALCUTTA
Decided on December 04,1961

SWAP AN RAY CHAUDHURI Appellant
VERSUS
KHAGENDRA NATH SEN Respondents

JUDGEMENT

- (1.) THE petitioner, who was a student in an academic institution known as Asutosh College, was required by the Principal of the College to leave the institution because the Principal thought that such action was necessary in the interest of the institution itself. The petitioner student seeks relief against the order in this Rule.
(2.) ASUTOSH College is affiliated to the University of Calcutta and derives some of its powers under the Calcutta University Act, 1951 and the Statutes, Ordinances and Regulations framed under the said Act. It is necessary for me to refer to certain provisions of an Ordinance made under the Calcutta University Act, 1951, under which the order requiring the petitioner to leave the College was made.
(3.) IN exercise of the power conferred by Sub-section (2) of Section 52 of the Calcutta University Act, 1951, the Vice-Chacellor of the University made an Ordinance known as the "first Ordinance relating to the Admission of Students to the University and their Enrolment. " Sections 3, 8, 9, 10 and 21 of the Ordinance are to the following effect:- "section 3. Save as otherwise provided, admission of persons to Colleges shall be allowed ordinarily at the commencement of an academic year and on or before such date as the Syndicate may appoint in that behalf. " "section 8 (1 ). Every candidate for a University examination shall, unless exempted by a special order of the Syndicate made on the recommendation of the Academic Council, be enrolled as a member of a college. (2) A candidate shall be considered as enrolled when he has been admitted by the Principal and has paid the prescribed fees. (3) Candidates exempted by the Syndicate shall be non-collegiate students of the University and shall be governed by Part II of these Ordinances. (4) If a student who is enrolled as a member of a college but whose attendance falls short of the prescribed minimum, is allowed to appear at an examination on payment of the prescribed condonation fee, he is not a non-collegiate student. " "section 9. When a candidate has been enrolled in a college, he shall be considered to belong to that college until- (a) the end of the academic year in which he has been sent up to a University examination and for purposes of discipline, the date of publication of the result of the examination; or (b) the date borne on his transfer or withdrawal certificate or (c) his name has been struck off the college books for absence without notice, or for non-payment of fees or for breach of discipline; or (d) he is dismissed from the college. " "section 10. If a student has been admitted to a college he shall not except as otherwise provided, be subsequently admitted to any other college without the production of a Transfer Certificate from the Principal of the College in which he has last been reading. " "section 21. (1) A Principal may, without assigning any reason, require a student to leave the college if he considers such action necessary in the interest of the Institution. He shall in such a case issue a Transfer Certificate in the prescribed form in favour of the student free of charge. It shall not be open to the student in such cases to ask for the reason. (2) Action taken under paragraph (1) shall be reported to the University for information. " The order on the student petitioner was made or said to have been made under the provisions of section 21 of the Ordinance.;


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