- (1.) By consent of the parties three writ petitions have been taken up together for hearing analogously. They relate to one Homeopathic College. For the sake of convenience, the petitioners in W.P. No. 6760 (W) of 2016 are referred to as the petitioners and the respondents therein are referred to as the respondents in the manner as arranged in such writ petition.
(2.) Learned Advocate for the petitioners has submitted that, Pratap Chandra Memorial Homeopathic Hospital was established by a private trust. The Deed of Trust constituting the trust provides for the election of the trustees to the Board of Trustees. The Board of Trustees was managing the affairs of such hospital. With the coming into effect of the West Bengal University of Health Sciences Act, 2002 and in accordance therewith a local managing committee for the hospital was created. The trustees continued to remain in the management of the hospital. The hospital is not aided by the Government authorities. In view of Section 50 of the Act of 2002, the President or the Chairman of the management of the affiliated institution is the Chairperson of the local managing committee. Prior to 2014, the Chairman of the Board of Trustees was the Chairperson of the local managing committee. Unfortunately, the Chairman of the Trustees had died in 2014. Consequent to such death the post of Chairperson of the local managing committee fell vacant. The respondent no. 7 was requested to act as the Acting Chairman of the local managing committee till the Board of Trustees appoints their Chairman. Subsequently, the Board of Trustees in a meeting held on December 8, 2015, where the respondent no. 9 was also present, has elected the petitioner no. 2 as their Chairman. He is the Chairperson of the local managing committee in terms of Section 50(1) of the Act of 2002. The respondent no. 7 can no longer continue to remain as the Chairperson. However, the respondent no. 7 has wrongfully refused to vacate his office. He has submitted that, the respondent no. 7 has usurped the powers of the Chairperson of the local managing committee. He has through such usurpation of powers convened meetings. The respondent no. 9 has no authority to do so. He had no authority to preside over the meetings of the local managing committee on and from December 8, 2015. Consequently, all resolutions of local managing committee subsequent to December 8, 2015 should be declared null and void. In such circumstances, the petitioners seek relief in the two writ petitions.
(3.) Learned Senior Advocate for respondent no. 7 has challenged the locus standi of the petitioners to file the present petitions. Learned Senior Advocate for the respondent no. 7 has submitted that, the second petitioner has not been duly elected by the Board of Trustees. Consequently, the second petitioner cannot be treated as the Chairperson of the local managing committee. He has submitted that, there exists another committee between the Board of Trustees and the local managing committee. The petitioner no. 2 has not been elected as the Chairperson of such managing committee for him to be appointed as the Chairperson of the local managing committee.;