- (1.) THE writ petitioner/appellant has filed a writ petition challenging the legality of the constitution and/or formation of an Executive Council as, such Executive Council, according to the appellant/writ petitioner, was not constituted in strict compliance of the provisions laid down under North Bengal University Act, 1981 as amended by the West Bengal University Laws (Amendment) Act, 2011. The appellant has also prayed for removal of the Vice Chancellor being respondent no.6 and the Officiating Registrar being respondent no.7 of the said University. Several other incidental reliefs have also been prayed for in the said writ petition.
(2.) THE said writ petition which was registered as W.P. No. 4342(W) of 2012 was admitted for hearing by the Learned Trial Judge of this Court on 29th March, 2012. Direction was given for filing affidavits by the parties. The said writ petition was directed to be heard after exchange of affidavits between the parties. Interim relief which was prayed for by the appellant/writ petitioner in the said writ petition having not been granted by the Learned Trial Judge, the instant mandamus appeal has been filed. The writ petitioner/appellant prayed for interim relief by way of mandatory injunction for removal of the Vice Chancellor and the Officiating Registrar of the said University. He has also prayed for interim relief by way of injunction for restraining the said Executive Council from holding any meeting during pendency of the writ petition. Such interim reliefs were not granted by the Learned Trial Judge. In course of hearing of this appeal, we are informed by the learned advocates of the parties that tenure of the Vice Chancellor being respondent no.6 herein has already expired. We are also informed that tenure of the Officiating Registrar being respondent no.7 has also expired. New incumbents have come in their place. As such, the interim reliefs which were claimed by the writ petitioner/appellant so far as removal of the respondent nos. 6 and 7 is concerned, have now become redundant.
(3.) WITH regard to the other interim relief which was claimed by the writ petitioner/appellant by way of injunction for restraining the present Executive Council from holding any meeting, this Court is of the view that such relief can be granted only if the Executive Council is found to have been constituted in violation of the extant Rules. Such relief cannot be granted by way of interim relief as, grant of such interim relief will amount to grant of ultimate relief claimed by the appellant/petitioner in the writ petition. As such, this Court declines to grant the interim relief which is claimed by the appellant/petitioner in the said writ petition at this stage.;