G.C. Gupta, J. - (1.)THIS writ petition was presented with the following prayers.
A. 1. A declaration that statute 1 of the Statutes relating to governing bodies of colleges of University of North Bengal is ultra vires and unconstitutional.

B. A writ of mandamus or any other writ, direction or order restraining the 3rd respondent from exercising the functions of the Governing Body of Cluny Women's College and to restrain them from interfering with the functions of the Governing Body of Cluny Women's College constituted by the petitioner Society.

Mrs. Mukherjee, learned advocate, appearing for the writ petitioner submitted that she already expressed her intention not to press prayer (a). Therefore, what survives is prayer (b).

(2.)IN support of prayer (b) Mrs. Mukherjee, contended that the petitioner got the status of a minority institution on the basis of an order dated 23rd October, 2007 passed by the National Commission For Minority Educational Institutions. The order reads as follows:
Despite service of notice, there is no appearance on behalf of the respondent. Hence, the case is proceeded ex -parte.

The State Government has not notified any authority to grant minority status certificate to a minority educational institution. Hence, this is a fit case for intervention by this Commission.

The petitioner stated that the college is an aided institution.

Sr. Sophia Rai produced the documents which clearly prove that the Sisters of St. Joseph of Clunny, West Bengal is a registered society; that all the founding members of the said society are from the Christian community; that the members of the present Managing Committee are also Christians; and that the petitioner institution has been established and is being maintained by the said society.

Relying on the said documentary evidence, I have no hesitation in coming to the conclusion that the petitioner institution is a minority educational institution within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act. A certificate be issued accordingly.

The documents were returned to Sr. Sophia Rai.

She added that the aforesaid order dated 23rd October, 2007, was passed by the National Commission upon notice to both the State and the University. They however choose to remain absent.

(3.)AFTER the order dated 23rd October, 2007, holding that the petitioner was a minority educational institution, was passed, the University and the State both applied for recalling and/or variation of the aforesaid order. The prayer made by the State and the University was dismissed by the Judgment delivered on 5th November, 2009, a copy whereof is Annexure P -11 to the writ petition.