A.K. Sen, J. - (1.) A dispute over reconstitution of the Governing Body of Nandalal Ghose B.T. College on the enforcement of the Calcutta University First Statutes, 1966, (hereinafter referred to as the First Statutes) has come up to this Court for the second time; it is due entirely to the failure of the University of Calcutta and its authorities to appreciate their real obligations under the First Statutes and discharge the same in an appropriate manner. By a Deed of Settlement dated May 17, 1968, the petitioners Nos. 1 and 2 before this Court as the shebaits of Sri Lakshmi Janardan Thakur created a trust for the establishment of a college in the name of their predecessor Nandalal Ghose. Under the deed the trustees were the members of the Provisional Committee which would establish the college and manage it until the Governing Body was constituted. The deed further provided that after such establishment the Governing Body of the college would be formed according to law, rules and regulations of the University of Calcutta for the management of the said college. In such Governing Body, how ever, a settlor or one of their successors would be a life member and further the settlor or settlor's successors would nominate one local member.
(2.) The college was established at Madral, Jagatdal. The Provisional Committee applied to the University authorities for affiliation of the said college from the academic session 1968 -69. On a report by K.K. Mukherjee and A.C. Banerjee, the Calcutta University Syndicate by a resolution dated July 5, 1968, granted affiliation subject, however, to the implementation of certain conditions set out in the report. Thus, the college started functioning from the academic year 1968 -69.
(3.) The Vice -Chancellor framed under s. 58(2) of the Calcutta University Act (hereinafter referred to as the said Act) the First Statutes which came into effect on September 18, 1968. Chapter VII of the First Statutes provides for constitution, powers and functions of the Governing Bodies of colleges and the tenure of their members Statute 93 provides as follows: 93 (1) Save as otherwise provided in Statute 100 the Governing Body of a college shall consist of the following members, namely, (a) the Principal of the college, who shall be the Secretary the Governing Body, ex officio; (b) two members to be elected from amongst themselves by the whole time teachers of the college at a meeting to be convened for the purpose by the Principal of the college and presided over by him; (c) in the case of a college receiving recurring financial aid from the State Government, one member to be nominated by the State Government; (d) three members to be nominated by the Syndicate of whom at least one shall be a woman in the case of a women's college or co -educational college; (e) besides the members, if any, required to be included in the Governing Body of the college under the terms and conditions of any donation to the college, such other members, being representatives of the donors of the college to whose donations no such condition is attached, as may be chosen in the following manner, that is to say, (i) where the number of such donors exceeds five, two members, and (ii) where the number of such donors does not exceed five, one member to be elected by such donors by postal ballot; Provided that, after the commencement of these Statutes, no condition shall be attached to any donation to a college requiring representation in the Governing Body of the college, and - - Provided, further, no teacher or salaried employee of the college who is a donor shall be entitled to be so elected. (2) The members of a Governing Body as stated under paragraph (1) shall, at their first meeting, elect a person as the President of the Governing Body and such President may or may not be elected from amongst such members. (3) The names of all persons elected or nominated as members or the President of every Governing Body shall be reported by the Principal of the college to the University. (4) All disputes about the election or nomination of the members or the President of every Governing Body shall be referred to the Syndicate and its decision thereon shall be final.;