- (1.)THE petitioner, who is an M. Sc. in Mathematics and D. Phil (Sc.) in Applied Mathematics and a professor of the Centre of Advance study in Applied Mathematics of the university of Calcutta, was appointed as Professor-in-Gharge of Satyendra nath Bose Institute of Sciences of the calcutta University and he has obtained this Rule challenging the validity and legality of procedings of the meeting of the committee appointed, by the calcuutta University Council to frame rules for governing the said Institute held on 23rd July,1979 the order of the vice Chancellor dated, 9th November, 1979 issued under Memo No. SNBIPS/557 intimating that in accordance with the resolution passed in a meeting, by the calcutta University Council on 14. 9. 79 the Institute would henceforth be administered by a governing body consisting of persons named therein and that in accordance with the resolution of the calcutta University Council at its meeting held on 21. 9. 79 the one year post m. Sc. course leading to the M. Phil degree in Physical Sciences will henceforth, be administered by a committee called the committee of M. Phil Study of of Physical Sciences, and the letter by the Registrar of Calcutta University asking the petitioner to ,handover the charge of the office of the professor-in-Charge of Satyendra Nath Bose institute of Physical Sciences to Professor P. K. Ghosh, Head of the Department of applied Mathematics, Calcutta University, who had been appointed as professor-in-Charge of the Institute in terms of Vice Chancellor's Order No. SNBIPS/557 dated 9th November, 1979. These letters have been marked as annexure 'm', 'r' and 't' respectively, to the petition.
(2.)THE fact of the case in nutshell is that on the death of the National professor S. N. Bose on February 4, 1974, the Vice Chancellor of the Calcutta university at the convocation held on February 9, 1974, announced that the University would setup an institute as the memorial institute to be named as, 'satyendra Nath Bose Institute, of physical Sciences". It will be an institute for advance Studies and research per excellence. In or about 1974 the central Goveamment constituted a committee called "national Organising Committee" for celebrating the 50th anniversary of "bose Statistics'". In March and april, 1974 the then Minister of Science and Technology announced in the parliament the decision of the Central government to set up 'a' beffitting memorial to Professor S. N. Bose, the details whereof were to be worked out by a National Committee; In July, 1974, the Vice Chancellor of, the Calcutta university formally requested the "national Organising Committee" to accept the institute as the national memorial of Acharya S. N. Bose.
(3.)ON February 22, 1974, the Syndicate of the University of Calcutta at its meeting considered the item no. 2 of the agenda relating to the matter of setting up of the institute as a memorial to Professor s. N. Bose and adopted a resolution to the effect that a steering committee be constituted to perform the necessary organisational work of the institute to start the activity of the institute. The said committee consisted of several heads of the departments of the Calcutta University as well as the Vice Chancellor of the Calcutta University as Chairman and Vice chancellor of Jadavpur University etc. In the said meeting of the Syndicate the petitioner was made convener of the steering committee not only because of his academic distinction and research experience but also because he was one of the three executive secretaries of the National Organising Committee for the celebration of the 50th anniversary of the Bose Statistics constituted by the Government of India and also of his being a close research associate of the late professor S. N. Bose. On March 13, 1974, the steering committee prepared the plan, programme and budget in respect of the said institute. On June 20, 1974, the academic council of the Calcutta University at its meeting proposed the setting up of S. N. Bose Institute of Physical sciences and also the proposal for introduction of Post Graduate M. Sc. Diploma Course. The said proposal as contained in item no. 26 of the agenda was moved by the Pro-Vice Chancellor (Academic)and the same was unanimously passed. It was also resolved that the proposal approved by the Academic Council be placed before the Senate. On July 30, 1974, the Steering committee at Its meeting passed a resolution appointing Professor m. Dutta, the petitioner, as Professor-in-Charge of the Institute with powers and functions of the head of Department of the Institute. This resolution of the Steering Committee was approved by the Syndicate at its meeting held on October 5, 1974. On January 11, 1977, the Senate formally instituted the M. Phil degree of Physical Sciences for S. N. Bose Institute of Physical Sciences. The petitioner has been working as Professor-in-Charge of the said institute and he has been playing a keyrole in organising the activities of the said Institute, since the date of such appointment and students are being trained for research oriented course of m. Sc. degree of Physical Sciences of the Calcutta University since July, 1974. The Senate formally instituted the degree of Physical science for S. N. Bose Institute of physical Sciences on and from January 11,1977. It has been-stated that in last 5 years (from 1974 to1979)36 students were awarded the degree of M. Phil in Physical Sciences by the Calcutta University and another batch of 10 students are receiving their training now in this Institute. The expert Committee set up by the University Grants Commission submitted the report in 1977 wherefrom the above facts will appear. On January 12, 1978, the Governor of West Bengal promulgated the Calcutta University (Temporary supersession) Ordinance, 1978 which was subsequently replaced by the West Bengal Act VII of 1978. . On january. 31, 1978, University Grants commission accepted the report of the expert Committee dated October 3, 1977 and the scheme and sanctioned! grants to the University for maintaining the Institute. On April 13, 1978, the calcutta University Council which was vested with all the powers of the University, syndicate and the Senate after the supersession of the University considered the proposal of the academic council and approved the proposal for establishment of the said institute. Thus the Institute was formally established under the provisions of the Calcutta university Act, 1966. On April 13, 1978, the Council of the Calcutta University appointed a committee to frame rules for governing the S. N. Bose Institute of Physical Sciences.