RAMANI KANTA BOSE Vs. GAUHATI UNIVERSITY
LAWS(GAU)-1951-5-7
HIGH COURT OF GAUHATI
Decided on May 14,1951

Ramani Kanta Bose Appellant
VERSUS
GAUHATI UNIVERSITY Respondents

JUDGEMENT

Ram Labhaya, J. - (1.) THIS is a petition from Ramani Kanta Bose of Dhubri, under Article 226 of the Constitution of India. He has alleged that he is the founder -Secretary of the Governing Body of the Bholanath College at Dhubri. He also claims to be a guardian of two wards who are students of the said College. According to the allegations contained in the petition, Bholanath College is governed by a Governing Body constituted under the rules of the Institution. The principal is the ex -officio member of the Governing Body. He is also the Joint Secretary. The members of the teaching staff have the right to elect two members of the Governing Body from amongst themselves. The Governing Body has also to co -opt 3 members from amongst the guardians of the students and 3 members from amongst the donors, including a member of the Marwari community. The Governing Body has also two life members.
(2.) THE Executive Council of the Gauhati University in its meeting held on the 5th July 1950 decided upon a scheme of re -organisation of the Governing Bodies of non -Government Colleges in the State of Assam. According to the scheme of reorganisation contained in the resolution of the Executive Council of the University, the Governing Body of non -Government colleges is to be constituted as follows: (i) Deputy Commissioner or Sub -divisional Officer - -Ex -officio; (ii) Principal - -Ex -officio; (iii) Vice -Principal - -Ex -officio; (iv) & (v) Two elected representatives of the teaching staff; (vi) & (vii) Two members nominated by the Government; (viii) & (ix) Two members nominated by the University; (x), (Xi), (xii) & (xiii) 4 members other then members of the teaching staff to be co -opted by the other members. Donors paying Rs. 10,000/ - or more or their nominees shall be co -opted as life memoirs, not more than one person being nominated by each donor. The Prescient shall be elected from among the members. The Principal will be the Secretary of the Governing Body; where he is not the Secretary, he shall be appointed Joint Secretary. By Anr. Resolution No. 7 of the same date (the 5th July 1950) the Executive Council decided to direct the Principals of the non -Govt. Colleges to take steps to re -organise the Governing Bodies of their colleges before the 30th September 1950 and the Deputy Registrar of the said University by his circular, dated, the 10th July 1950, addressed to the Principals of affiliated (non -Government) colleges, forwarded a copy of the scheme of re -organisation adopted by the Executive Council enclosing at the same time a copy of the Resolution No. 7, for necessary action. The Executive Council of the University has already nominated two members for the new Governing Body. The Governing Body of the Bholanath College could continue to function till the end of the year 1952. The grievance of the petitioner is that if the committee is re -organised according to the scheme of re -organisation decided upon by the Executive Council of the University, the existing Governing Body will practically be dissolved and the administration of the College would be transferred to a body dominated by members nominated by the Government and the University. It is urged that the direction of the University requiring re -organisation of the Governing Body of the Bholanath College constitutes an infringement of the fundamental right conferred on linguistic minorities by Clause (1) of Article 30 of the Constitution of India. It is also urged that the scheme of re -organisation adopted by the Executive Council of the Gauhati University for Governing Bodies of non -Government Colleges was 'ultra vires' of the University.
(3.) THE petition is supported by an affidavit.;


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