BRAHMO SAMUJ EDUCATION SOCIETY & ORS. Vs. THE UNIVERSITY OF CALCUTTA & ORS.
LAWS(CAL)-1986-12-37
HIGH COURT OF CALCUTTA
Decided on December 12,1986

Brahmo Samuj Education Society And Ors. Appellant
VERSUS
The University Of Calcutta And Ors. Respondents

JUDGEMENT

Umesh Chandra Bannerjee, J. - (1.) Normally, the Law Courts would be loath to interfere with the administrative decisions of the University Authorities, unless the same can be termed to be contrary to the known principles of law, statutory or otherwise, or for reasons extraneous to the purpose and object of maintaining a proper educational atmosphere and in that event it would be a plain exercise of judicial power to set right the wrong.
(2.) In the matter under consideration whereas the petitioners contended that for the purpose of protection of interest of the principal. Dr. S. C. Chowdhury, University Authority has dissolved the Governing Body of the College and appointed an Administrator without any independent application of mind, the University Authority contended that there were sufficient materials before- the Authorities on the basis of which the University came to such a decision in regard to the appointment of an Administrator over the college.
(3.) The issue, therefore, is to be considered as to whether there was any independent application of mind or the entire action has been the resultant effect of a motive viz. to protect the interest of the Principal of the College. It is now well-settled and I need not dialects on that issue much as regards the power of the Writ Court in the matter of going into the factual aspect of the matter when there ought to be an independent application of mind.;


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