Bankim Chandra Ray, J. - (1.) This application is at the instance of the Principal, 'Kabi Thirtha' Subhas Nagar, Bongaon, a college for Fine Arts affiliated to the University of Rabindra Bharati for admitting students in two years Junior Diploma Course in Dance, Drama and Vocal Music and it is directed against an order contained in the enquiry report and findings dated 7th July, 1980 made by the Registrar. Rabindra Bharati University, annexed as Annexure 'M' to the petition pursuant to the order made by this Court in Civil Rule No. 8972 (W) of 1978 on 10th March, 1980.
(2.) The aforesaid college known as 'Kabi Thirtha' situated at Subhas Nagar, P. S, Bongaon, District 24-Parganas, applied for affiliation to the Rabindra Bharati University for permitting the college to admit students in the two years Junior Diploma Course in Dance, Drama and Vocal Music. After due enquiry and on being satisfied the University authorities granted affiliation to this college for admitting students in the two years Junior Diploma Course in Dance, Drama and Vocal Music. The prospectus for the said course as published by the University in 1969 was handed over to the college authorities for guidance. It was provided therein:- "Any student who passed the School Final Examination of the Board of Secondary Education or holds an equivalent qualification may be admitted to the examination provided he has attained a minimum age of 16 years and has prosecuted a regular course of study for two Academic years in the institution affiliated to the University." The petitioner purchased a syllabus on 11th of April, 1977 from the Sales Counter of the University and it was evident from the said syllabus that the standard of eligibility for admission was the same as mentioned hereinbefore. The respondent No. 1, the State of West Bengal, in order to encourage and permit the study of Fine Arts amongst the students belonging to the Scheduled Caste and Scheduled Tribes has been granting scholarship and by Order No. 921/S. C./SWTS dated February 10, 1977 sanctioned for payment of Rs. 1,39,472/- in favour of the Principal, 'Kabi Thirtha'. A copy of the said order has been annexed as Annexure 'A' to the writ petition. It may be mentioned in this connection that the fund for this scholarship was granted by the Union of India. The above amount was sanctioned by the respondent No. 1, on duly scrutinising the applications submitted in the prescribed form by the students reading in the college, 'Kabi Thirtha' who confirm to the terms and conditions prescribed for applying for this scholarship.
(3.) On March 21, 1977, the respondent No. 2, the Special Officer, Schedule Caste and Schedule Tribes Welfare, Barasat, 24-Parganas North, passed an order cancelling the said grant without assigning any the reason therefor in the said order. This has been annexed as Annexure 'B' to the petition. On April 25, 1977, the petitioner sent a communication to the respondent No. 2 intimating him that there was no reason for cancelling the said grant. It was further stated that the Sub-Divisional Officer, Bongaon, demanded a sum of Rs. 5000/- as illegal gratification for the release of the said grant and on refusal by the petitioner to comply with the said illegal demand of the said officer, the said officer became very much annoyed and wrote a letter on March 18, 1977 under No. 143 (con) to respondent No. 2 and got the said grant cancelled. It has also been stated therein that the grant was sanctioned by the respondent No. 1 after f being satisfied that the requirements for obtaining the same were fulfilled, by the students who applied for the grant. On May 5, 1977, a letter was issued to the Principal, the petitioner, by the Special Officer, the respondent No. 2, stating for the first time therein that the minimum qualification for admission to the Junior Diploma Course in Dance, Drama and Music under Rabindra Bharati University which was Matriculation or School Final Examination passed up to February, 1971 E had been brought down to reading up to Class X in Secondary School and as such it was not a Post-Matric Course. A copy of the letter has been annexed as Annexure 'D' to the petition. It has been submitted that the relaxation made in the matter of admission could not be construed as treating the said two years Junior Course one of Pre-Matric Course and not Post-Matric Course of study. It has been further submitted that the University Grants Commission treated this college all along as a college of Post-Matric study and so treating the University itself sent registration forms to be used by the students for their registration as students of the University. As such the students admitted for: the Junior Diploma Course are prosecuting Post-Matric Course of studies. This will be evident from a letter addressed to the petitioner under: No. 510/B/55 dated February 22, 1978 annexed as Annexure 'F'to the petition. It has also been stated that the University sent another letter on 5th of May, 1978 to the petitioner sending forms of application for: registration. This has been annexed as Annexure 'G' to the petition. It appears from column 4 of the said application form that it has been; mentioned:-"date of birth (according to S. F. or H S. certificate)". It will also appear from the application forms for appearing in the Junior: Diploma Examination in Music, Dance and Drama that in item No. bit1 was mentioned "year of passing School Final or its equivalent examination: of." It has been stated further that the resolution adopted at a meeting of the Academic Council on 20th of February, 1971 which was to the following effect "that these students who read up to Class X in Secondary School and having special aptitude in Fine Arts were eligible for admission in the Diploma Course provided they qualify themselves in a suitable eligibility test. It has also been provided that in no case shall any student be s eligible for admission to the B. A. Course after passing the Senior Diploma Course, unless he fits a pass certificate of H. S. Examination or equivalent qualification. It has also been submitted that this has not changed the minimum qualification prescribed by the ordinance for admission to the said Junior Diploma Course, at best, it is a mere relaxation in certain special cases as provided therein. It has also been stated that this resolution of the Academic Council being not made in accordance with the procedure prescribed for the making and/or amendment of the Ordinance does not, in any way, amend and/or change the Ordinance as it was not placed before the Chanceller for his consideration as mandatorily required under section 21 of the Rabindra Bharati Act, 1963. It has also been stated that even after 1971 the authorities concerned particularly the Rabindra Bharati University and the University Grant Commission consider the said Diploma Course as Post-Matric and not Pre-Mairic as the Ordinance of 1969 for Junior Diploma Course has not yet been altered or modified. It has been also specifically stated in the petition that all the students admitted in the institution from the date of affiliation of the institution are Post-Matric students, that is, they were admitted after passing the Matriculation or equivalent examination in the said institute to prosecute the Junior Diploma Course. It has also been stated that the opinion given by the Registrar, Rabindra Bharati University, respondent No. 5, under letters No. 1802 E. B. date 15.7.77 and No. 1290 date 26.6.77 is mala fide and illegal inasmuch as respondent No 5 cannot express such opinion that the said Diploma Course is a Pre-Matric one merely because the eligibility of admission in the said course has been relaxed in certain cases. It has been stated that seven candidates were admitted provisionally in this institution before the results of Matriculation or Higher Secondary Examination were published on consideration that they would succeed in the said examinations wherein they appeared. It has been further submitted that the admission of these seven students cannot be considered as making the course of study as Pre-Matric Course and the institution as Pre-Matric one. It has also been stated that all these seven students passed the Higher Secondary, Matriculation or School Final Examination.;