Decided on December 18,1996



G.R. Bhattacharjee, J. - (1.)The petitioner claiming himself to be the recognised Founder -Principal and ex -officio Secretary of the Kabitirtha College (at Subhas Nagar. Bongaon) affiliated to the Rabindra Bharati University, has filed the writ petition praying for various directions including the direction upon the respondents State and University authorities to act in terms of the order dated 11 -1 -95 of a Division Bench of this Court comprising M.G. Mukherjee and Vidya Nand. JJ. in F.M.A.T. No. 49 of 1995 and also for recognising the Kabitirtha College and for supplying registration and examination forms and making arrangement for salary of the petitioner and other teaching and non -teaching staff of the college from the University Grants Commission and also for direction upon the Scheduled Castes Welfare Authorities to grant Scheduled Castes stipends to the Scheduled Castes students of the college, etc. Subsequently, during the pendency of this writ petition the petitioner also filed another application for directing the Scheduled Castes and Tribes Welfare Authorities not to make any grant of Schedules Castes stipends to the 'so -called self -styled Kabitirtha College at Bakshipally'. It may be noted here that during the pendency of the writ petition the authorities of the Kabitirtha College at Bakshipally were also added as respondents in this writ petition. Initially Rabindra Bharati University granted affiliation to the Institution Kabitirtha situated at Subhaspally far Two Years Junior Diploma Course in Vocal Music. Dance and Drama from the session 1976 -77 subject to fulfillment of certain conditions mentioned in the letter of affiliation. The writ petitioner Pinaki Ranjan Bharati was the founder -Principal and ex -officio Secretary of the said institution at that time. Subsequently in 1984 a breakaway group of persons of that institution started running the institution Kabitirtha at a different location, namely, at Bakshipally of the same town Bongaon. Both groups, namely, the one headed by Pinaki Ranjan Bharati running the college at Subhaspally and the other running the college at Bakshipally in the same name Kabitirtha claimed their respective colleges as the one affiliated to the Rabindra Bharati University in view of the affiliation earlier granted by the said university in 1976 As a sequel to such dispute between the rival claimants Pinaki Ranjan Bharati instituted a civil suit being Title Suit No. 32/1985 of the Second Court of Assistant Judge. Alipore against Sidheswar Biswas and others who were running the college at Bakshipalry. In that suit the plaintiff's Pinaki Ranjan Bharati and others mainly challenged the authority of the defendants to run the college at Bakshipally in the name of Kabitirtha and prayed for declaration that the college Kabitirtha run by the plaintiff's (at Subhaspally) was the college affiliated with the Rabindra Bharati University and the plaintiff's were entitled to run the same and that the defendants had no right or authority to represent the said college or to run any college under the name and style of Kabitirtha. Further declaration was also prayed for in the said suit that the meeting held in January. 1984 was void and the Governing Body formed by the defendants in the said meeting was not a legally constituted Governing Body and as such the said Governing Body had no right to represent the said college Kabitirtha. The suit was contested by the defendants, namely, the authorities of the college Kabitirtha run at Bakshipally. During the pendency of the said T.S. No. 32/1985 the Registrar of Rabindra Bharati University wrote a letter dated the 9th April 1985 to Pinaki Ranjan Bharati and Siddeswar Biswas staring that in view of the pendency of T.S. No. 31/1985 they were to bring proper order of the court as to who was authorised to control and manage the affairs of Kabitirtha. It was also stated in the said letter that the University would provide all necessary reliefs to such person having legal entity. After a contested hearing the decision of the trial court in said Tide Suit No. 32/1985 however went against the plaintiff Pinaki Ranjan Bharati and the suit was dismissed. After elaborate discussion the trial court held that the defendants had been able to prove that the college was actually shifted from Subhaspally to Bakshipally. The trial court also held that the plaintiffs failed to prove that they formed any Governing Body properly on 18 10 84 and that any such Committee of the plaintiff's worked for the college, the court however found that Governing Body constituted in January 1984 (by the defendants) was defective inasmuch as two nominees of the Rabindra Bharati University were not included. The trial court had also -noted that it could not be said that the defendants had taken all necessary steps for the proper -constitution of the Governing Body but yet the fact remained that the University allowed the students of the college to sit for the examination and to enjoy all the amenities given by the Rabindra Bharati University. Accordingly the trial court observed that the matter was absolutely left with the University authorities to take a decision on the point of approval of the Governing Body formed in January 1984 by the defendants, the suit was however, as already noted, dismissed as the court concluded that the plaintiff's had no case in the suit It may be noted here that the suit was dismissed by the court of Assistant District Judge. Alipore on 11 -7 -86. PR. Bharati and others then preferred an appeal against the dismissal of the suit and the learned Additional District Judge. 12th Court, Alipore allowed the appeal in part being Title Appeal No. 138/1986 by judgment dated 17 -12 -87. The defendants of the suit them preferred a Second Appeal before the High Court being S. Appeal No. 520 of 1988 and a Division Bench of this Court comprising S. Ahamed and AM. Sinha. JJ. disposed of the said second appeal by allowing the same and by setting aside the judgement of the first appeal court, and restored and affirmed the judgement and the decree of the trial court, namely, the judgement and decree proceed by the Assistant District Judge, Second Court. Alipore, in T.S. No. 32/1985.
(2.)The decision of the Division Bench in the said second appeal No. 520 of 1988 clined the issue and to view of such decision there is no escape from the effect and consequences of the judicial conclusion already reached that the college Kabitirtha was shifted from Subhaspally to Bakshipally. The only defect found in the Governing Body formed by the defendants in January 1984 was that the Rabindra Bharati University was yet to nominate two members to that Committee. In respect of that matter the trial court in its judgement in T.S. No. 32/1985 left the matter absolutely with the University authorities to take a decision on the point of approval of the Governing Body farmed to January, 1984 by the defendants. Therefore what was left for the decision of the University was the question of approval of the Governing Body formed in January 1984 by the defendants. But the fact that the institution at Subhaspally which received the affiliation of the Rabindra Bharati University in 1976 was shifted to Bakshipally in 1984 was settled by the judicial decision in the said title suit No. 32/1985 as affirmed by the High Court in the second appeal. Naturally, the decision of the High Court in the second appeal, having gone against P.R. Bharati, he moved a special leave petition before the Supreme Court but the Supreme Court was pleased to dismiss the same on 29.1.92. It may be mentioned here that the Division Bench of this Court in the said second appeal while upholding and affirming the decision of the trial court that the college at Subhaspally had been shifted to Bakshipally also observed that before the cancellation of affiliation of any institution the management of the institution should be given opportunity of making representation before the council of the University but since no such steps had been taken by Rabindra Bharati University it might be presumed that the affiliation had been continuing so far as the college Kabitirtha was concerned. The result was that it was judicially held and affirmed up to that stage that the college which was initially established at Subhaspally and obtained the affiliation of the University was subsequently shifted to Bakshipally and was enjoying the affiliation of the Rabindra Bharati University which was originally granted to that institution. This position rather became affirmed further by reason of the dismissal of the special leave petition filed by P.R. Bharati in the Supreme Court. We have also seen that the University authorities also committed themselves to go by the decision of the court regarding the question as to which was the real college Kabitirtha and which of the rival claimants was in the control and management of the college. Since the decision of the Civil Court on the question went squarely against P.R Bharati in the civil suit the institution Kabitirtha as run by the defendants at Bakshipally received the recognised status of affiliated college under the name Kabitirtha and the plaintiff P.R. Bharati had, thereafter, no right to run any college under the style and name of Kabitirtha at Subhaspally on the basis of the initial affiliation granted by the University in 1976.
(3.)After the disposal of the said Title Suit No. 32/1985 on 11 -7 -86 by the trial court the Executive Council of the Rabindra Bharati University in its meeting held on 10 -9 -86, on consideration of the matter and in the background of the said judgement, took the following resolution :
(1) That in view of the non -existence of Kabitirtha at Subhaspally, Bongaon affiliated to the University the same be and is hereby disaffiliated with immediate effect. A notification in two leading dailies.

One in English and one in Bengali be given to this effect.

(2) That the institution run at Bakshipally, Bongaon is neither an affiliated institution nor a recognised institution and no approval of the council to the alleged Governing Body of a self -styled institution be accorded.

(3) That in the larger interest of the students, already admitted by the two institutions at Subhaspally and Bakshipally up to the date of admission allowed by the University, vide the Registrar's letter dated 31 -1 -85/4 -2 -85 as they may be eligible to appear in the respective examination of the University according to rules, be and are hereby allowed to appear at such examination.


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