Surinder Singh Nijjar, J. - (1.) THIS appeal is directed against the final judgment and order of the Calcutta High Court dated 21 September, 2004 in M.A.T. No. 476 of 2004 arising out of Writ Petition No. 29805 (W) of 1997 vide which the order of the learned Single Judge of the High Court was set aside.
(2.) WE may notice the essential facts, which would have a bearing on the determination of the issues raised in this appeal. Admittedly, there has been a controversy with regard to the special status enjoyed by the Ramakrishna Mission Vivekananda Centenary College at Rahara (hereinafter referred to as 'Respondent No. 1') for a long period of time. The College was initially established in the year 1961 with a grant of Rs. 2 lakhs given by the Government of West Bengal in the Education Department. The additional cost for establishing the College had been borne by the State Government. Subsequently on 25th April, 2002, the Government of West Bengal, in order to advance collegiate education and with a view to reduce the overcrowding in good colleges in Calcutta decided to set up a three year degree college at Rahara. Such college was to be set up on the recommendations of the University Grants Commission (for short 'UGC'). The college was duly established and granted affiliation to Calcutta University on 13th May, 1963. It is a fully aided college; being sponsored and financed by the State Government. The controversy herein relates to the appointment of the Principal of the College. The post of Principal is included in the definition of Teacher, as contained in Section 2 Clause 9 of the aforesaid Act. The aforesaid Clause defines the term Teacher to include a Professor, Assistant Professor, Lecturer, Tutor, Demonstrator, Physical Instructor or any other person holding a teaching post of a college recognised by the University to which such college is affiliated and appointed as such by such college and includes its Principal and Vice -Principal. Section 3 of the Act provides "appointment to the post of a Teacher shall be made by the Governing Body on the recommendations of the University and College Service Commission to be constituted by the State Government in the manner prescribed". The appointment on the post of Teachers of a college is governed by the College Service Commission established under the West Bengal College Service Commission Act, 1978. Section 3 of the aforesaid Act is as under: (1) The State Government shall, with effect from such date as may by notification, appoint, constitute Commission by the name of the West Bengal College Service Commission consisting of five members of whom one shall be the Chairman. (2) Of the members one shall be person who, not being an educationist, occupies or has occupied in the opinion of the State Government, a position of eminence in public life or in Judicial or administrative service and the other shall have teaching experience either as a Professor of a University or as a Principal for a period of not less than ten years or as a teacher, other than Principal of a College, for a period of not less than fifteen years. Section 7(1) and Proviso (ii) are as under: Notwithstanding anything contained in any other law for the time being in force or in any contract, custom or usage to the contrary, it shall be the duty of the Commission to select persons for appointment to the post of Teachers of a College: Provided that - (i) .... (ii) For selection of a person for appointment to the post of Principal, the Commission shall be aided by the vice -Chancellor of the University to which such college is affiliated or his nominee and a nominee of the Chancellor of such University.
(3.) SECTION 15 provides that "nothing contained in the Act shall apply in relation to any college not receiving any aid from the State Government or any college established and administered by a minority, whether based on religion or language." The State Government issued Memo No. 752 -Edn (CS) to revise the existing pattern for the composition of the governing bodies of the Government sponsored colleges excepting in cases where the college has a special constitution on the basis of Trust Deeds or where the colleges are run by Missionary Societies on the basis of agreement with the respective missions. The academic qualification prescribed for appointment on the post of Principal by the Government of West Bengal vide a G.O. No. 149 -Edn (CP) dated 22nd February, 1994.;