Bose, J. - (1.) This is an application under Article 226 of the Constitution and the relevant provisions of the Charter for an appropriate writ for cancellation of an order passed against the petitioner on 14th September 1951 under Regulation 26 (a) of Chapter 23 of the University; regulations and for certain other directions.
(2.) The petitioner is a Master of Arts of the University of Calcutta and was admitted as a student of the University Law College in the year 1950. In 1951 the petitioner was a student in Section 'A' in the Second year class of the said University Law College. It is alleged in the petition that as such student the petitioner was entitled to attend lectures delivered in the said College and to take her seat in the class rooms without any restriction whatsoever, but in July 1951 Prof. Uma Prosad Mukherjee in violation of the petitioner's fundamental rights directed the petitioner to occupy a seat in a particular bench and not to use any other seat whatsoever or to sit beside any male students in the class room. It is further alleged that although this was an encroachment on the fundamental right of the petitioner and on her personal liberty the said Professor continued his unreasonable demands and threatened to expel the petitioner from the class room and if necessary from the institution. The petitioner did not however comply with the direction of the professor. The Professor thereupon referred the matter to the Principal and the Governing body of the Law College. On the 14th September 1951 the petitioner received a letter from the Principal of the Law College addressed to her, to the following effect: "Dear Miss Bose, Pursuant to the orders of the governing body of this College dated the 12th September 1951 and in accordance with the provisions of Section 26(a), Chapter 23, Page 89 of the Calcutta University regulations, quoted below, you are required to leave the College and a Transfer certificate shall be issued to you free of charge with effect from tomorrow the 15th September 1951. In case you fail to accept the Transfer Certificate or otherwise fail to carry out the orders of the said Governing body under section 26(a) above, action will be taken against you under the provisions of Section 33(3), Chapter 23, page 90 of the said regulations quoted below. Yours sincerely, Sd/- P. N. Banerjee Principal. To Miss Shibani Bose, 108/5A, Monoharpukur Road. Section 26(a), Chapter 23, Page 89 of the regulations : "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 a form prescribed by the Syndicate) in his favour free of charge. The certificate shall not be issued under this section without any previous approval of the governing body of the college. Action taken under this section shall be reported to the University." Section 33(3), Chapter 23, Page 90 of the regulations : "A Principal may, for breach of college discipline expel a student."
(3.) It is alleged in the petition that no opportunity was given to the petitioner for making any representation before the Principal or the governing body of the college before the said order was passed and the petitioner was condemned unheard. It is further stated that the procedure adopted by the governing body and the Principal was contrary to natural justice and so the order served on the petitioner on the 14th September 1951 was bad.;