MAHADEB KUMAR BANERJEE Vs. STATE OF WEST BENGAL
LAWS(CAL)-1983-12-12
HIGH COURT OF CALCUTTA
Decided on December 09,1983

MAHADEB KUMAR BANERJEE Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THIS writ application is at the instance of fifteen lecturers of Ramkrishna Mission Vivekananda centenary College, Rahara in the District of 24-Parganas praying for a writ declaring that this College is governed by the West Bengal College Teachers' (Security of Service) Act, 1975 and the west Bengal College Service Commission Act, 1978. There is a further prayer for a Writ of Mandamus commanding the Government of West Bengal to reconstitute the Governing Body of the college according to the standard pattern for constituting the Governing Body of Government Sponsored Colleges laid down under Order No. 752-Edn (C. S.)/ g. C. S. SC-3/77 dated 18th April 1978. There is also a further prayer for a Writ in the nature of Mandamus commanding the Government of West Bengal to direct the Covering Body of the college to appoint the Principal of the said college according to the provisions of West Bengal College Teachers, (Security of Service) Act, 1975 as well as according to provisions of the West bengal College Service Commission Act, 1978. There was also a prayer for a Writ of Quo warranto commanding the respondents to show cause why Swami Sh-ivamoyananda, respondent No. 14 purported to have been appointed as the principal of the College should not be prevented from acting as such. There is also a further prayer for an interim order restraining the Govering Body from interfering with the functions of the college and also restraining the respondent no. 14 from acting as the Principal of the college. There is also a prayer for an interin order restraining the Ramkrishna Mission, respondent No. 5 Swami ramananda, respondent No. 6 from proceeding with the pending Title Suit No. 111180 pending in tht 10th Court of subordinate Judge at Alipore till the disposal of the writ application.
(2.) THE relevant facts as appears from the petition are as follows :-The petitioners are all teachers of ramknshna Mission Vivekananda centenary College, rahara, to be heremarter called the Colledge, this Colledge was established by the Government West bengal pursuant to the general policy adopted by the Government of india and the State Government for advancement of College education with a particular view to reducing the over-crowding in big colleges in Calcutta as requested by the university Grant Commission. The cost of construction of the college building amounting to more or less 7. 25 lacs was shared by the State Government and the Government of India, ministry of Rehabilitation. This will be evident from the communication made by the Deputy Secretary of the Government of West Bengal to the Director of Public Instruction west Bangal dated 27th October, 1961 annexed as Annexure 'a' to the petition. The relevant portion of the letter are to the effect that the Governor is pleased to , approve of the proposal of the construction of a 3 years degree college mainly for the benefit of the displaced students from East Pakistan under the auspices of the Ramkrishna Mission Boys' Home, rahara. The college which will be located at Rahara, 24-Parganas and for which the Mission Authorities have acquired a site of little over 10 bighas in Rahara is to function under the name "the Ramkrishna Mission Boys' Home. Vivekananda Centenary College. The plans and estimates submitted by the ramkrishna Mission Boys' Home, Rabara and which are in conformity with the schedule, approved by the Chief Engineer, Construction Board, the Governor is pleased to approve of the proposal of the construction of the college building at an estimated cost of Rs. 7. 25 lacs only, which will be shared by the State Government and the Government of India, ministry of Rehabilitation.
(3.) THE Governor has accorded sanction to the authorities of the Ramkrishna mission Boys Home, Rahara, 24-Parganas of a capital grant of Rs. 1. 25 lacs only during the current financial year to start the preliminary works immediatedly.;


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