- (1.) THE petitioner Birati siksha Samsad is a Society registered under the Societies Registration Act, i860 (hereinafter referred to as the society ). The principal objects of the society are to impart and promote education and to establish, maintain, carry on and assists educational works and institutions, inter-alia, Schools, colleges etc. For the purpose of carrying out the said objects the Society proposed to establish a College.
(2.) ON January 19, 1964 the Governing Body of the Society and the sponsoring Committee met jointly and constituted a provisional Governing Body for the College. The Calcutta University granted affiliation to the proposed College. The Society thereafter raised public donations and collected a considerable amount. The respondent No. 5. Santosh Chandra Dutta, who was a member of the Governing Body of the college, donated a sum of Rs. 1,00,000 for the purpose of construction of the college building on condition that the college should be named as Mrinalini dutta Mahavidyapith after the name of his mother. With the money raised by the Society a plot of land was purchased and a building was erected. The college is being held in that building. A Sub-Committee was formed at the instance of the Society for the purpose of framing the rules and regulations. The Sub-Committee framed the rules and regulations which were approved by the Society. Under the rules that were framed the constitution of the members of the Governing Body of the college is as follows: - "sec. I-The Composition of Governing Body of Mrinalini Dutta Mahavidyapith shall be as follows : - (i) Eight members to be nominated by the Governing Body of Birati Siksha samsad to represent the following interests : the Founder Body, the Birati siksha Samsad, Donors and the Guardians. Note:- (1) Founder Body should be represented by valid members of the Birati Siksha Samsad of at least 2 years standing. (2) Only those Donors would be entitled for nomination by birati Siksha Samsad who have donated Rs. 5,000/- in cash or kind to the College. (ii) Two members to be nominated by the Principal Donor Shri Santosh chandra Dutta or his successor under terms and conditions of a Bond entered into with him by the Prov. Governing body of the College (Vide Registration no. . . . . . dt. . . . . . . . at the Dum Dum Cossipore Registry Office) and approved by the Governing Body of Birati Siksha Samsad. (iii) ONE to be co-opted by the governing Body of the College at their first meeting to be held after its reconstitution. (iv) ONE nominee of the Education Directorate to be co-opted. (v) ONE the Principal of the College Ex-officio. (vi) Two teachers representatives to be elected by the Teachers from amongst Full-time confirmed staff, preferably representing the Day and Night sections of the College". The Governing Body of the College was constituted in accordance with the said constitution.
(3.) DISPUTES and difficulties arose in 1966 when the Calcutta University Act was passed and the Vice-Chancellor of the University framed the Calcutta university First Statutes, 1966, in exorcise of his powers conferred by subsection (2) of Section 58 of the said Act. The relevant Statutes are Statutes 93 (1) and 100 (1) which are as follows: - "93. (1) Save as otherwise provided in Statute 100 the Governing Body of the college shall consist of the following members namely : - (a) the Principal of the college, who shall be the Secretary of 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 woman's College or a 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 conditions is attached as may be chosen in the following manner, that is to say- (i) where the member 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 conditions shall be attached to any donation to a college requiring representation in the governing Body of the college, and provided further that no teacher or salaried employee of the college who is a donor shall be entitled to be so elected". "100. (1) In the case of a college managed by any Trust or Registered society or under a scheme laid down by a competent court, the constitution of the Governing Body shall, in so far as the terms and conditions of such trust, Articles and Memorandum of association of such registered Society or such scheme, as the case may be, so require, continue as such : "provided that, after the commencement of these statutes, the terms and conditions of any such Trust, the Articles and Memorandum of Association of any such Society or any such scheme shall require the approval of the Syndicate before such Trust is created such society is registered or such scheme is submitted to the Court". ;