- (1.) These Rules are directed against the resolution passed by the Syndicate and the University of Calcutta dated 16th of January, 1975 superseding the Governing Bodies of the City College, Ram Mohan College and Ananda Mohan College and appointing Ad-hoc Committees to carry on the administration of the above three colleges till the Governing Bodies of those colleges are constituted under Statute 93 of the Calcutta University First Statutes, 1966.
(2.) Petitioner No. 1 is one of the Joint Secretaries of the Central Council of the Brahmosamaj Education Society and is the Chairman of the Governing Bodies of the City College and Ananda Mohan College. He is also the Rector of the three Colleges situated at 102/1, Raja Ram Mohan Sarani, viz. City College, Ram Mohan College and Ananda Mohan College. Petitioner No. 2 is an Education Society known as "Brahmosamaj Education Society" hereinafter referred to as the "society" registered under the Societies Registration Act, in the year 1905.
(3.) On 18th July, 1888, Ananda Mohan Bose executed a Deed of Trust, whereby he conveyed certain property to Umesh Chandra Dutta and himself as trustees, for the purpose of the City College situated at No. 13, Mirzapore Street, Calcutta, and for such other purposes and subject to such conditions as the Council of the college might decide with the sanction of the trustees. A Council was constituted about the same time. On 19th July, 1888, the trustees executed a mortgage to meet the costs of the reconstruction of the building. On 20th March, 1905, a public institution known as "The City College Institution" was registered under the Societies Regulation Act. One of the objects as stated in the Memorandum of Association is, to take over the building and other properties, movable and immovable of the City College and the school. The old City College and the Council of it ceased to exist and all its right, title, interest and its authority were vested in the City College Institution which became the proprietor under the trust. By a Deed of Conveyance dated 27th March, 1915, the Official Trustee of Bengal the then holder of the mortgage dated 19th July, 1888, reconveyed the mortgage property to the said City College Institution. By a resolution dated 23rd April, 1917, the name of the City College Institution was altered to "Brahmosamaj Education Society.";