Sinha, J. - (1.) The facts in this case are shortly as follows :
(2.) In 1955, the petitioner was a student of the first year science class of the Santipur College. His father, Dr. Tarihi Charan Choudhury, was then the principal of that College. On January, 12, 1956 the petitioner took a transfer certificate from the Santipur College and 'got himself admitted into the 1st year science class of the Krishnagar College. He attended classes in that College and appeared at the annual examination, but could not pass, and was not promoted to the 2nd year science class. He then asked for and obtained a transfer certificate from the Krishnanagar College and this was granted with the endorsement, 'not promoted.' He then got himself admitted into the first year science class of the Santipur College on 11th July 1956. On 13th and 14th July 1956, a supplementary annual examination was held by the Santipur College, and the petitioner appeared therein and was declared as promoted to the 2nd year science class on 19th/ 20th July, 19,16. On 17th September 1956, the petitioner's father resigned his post as Principal of the Santipur College. So far as the petitioner is concerned, he continued to attend his classes and appeared at the test examination, which commenced in December 1956. On 5th December, when he had already appeared in one paper, the present Principal of the Santipur College received a letter dated 3rd December 1956, from the Registrar' of the Calcutta University, informing him that the Syndicate did not approve of the admission of the petitioner to the Samipur College, The authorities of the College however allowed the petitioner to complete the test examination. If the order of the Syndicate, conveyed through the registrar stands, the petitioner cannot appear in the ensuing Intermediate Science Examination, and hence this application.
(3.) The facts leading to the issue of the said letter by -the Registrar is as follows; On or about 20th July 1956, a letter was received by the Registrar, Calcutta University signed by twenty students of the Santipur College, a copy whereof is annexed to the affidavit of Jogesh Chandra Mukherjee affirmed on 13th February 1957 and marked as Exhibit 'A'. It was stated in the letter that in dealing with the case of his son, the petitioner, his father, the late Principal of the Santipur College, was guilty of favouritism. In shore, it was charged that, Dr. Chaudhuri had readmitted his son into the Santipur College against the regulations and had held a supplementary annual examination simply to promote his son to the 2nd year science class and did promote him, although the marks obtained by him did not warrant such promotion. On the 7th August 1956 the matter was referred to the Principal of Santipur College for his observation. On 14th August 1956, a reply wag received from the Principal. Thereupon the matter was referred to the Inspector of Colleges who made a report, on-26th September, 1956 to the effect that the petitioner should never have been admitted to the Santpur College and promoted to a higher class within 12 months of his failing to get promoted in the Krishnagar College.' The Registrar then referred the matter to the Syndicate. On 24th November 1956, the Syndicate resolved that it did not approve of the admission of the petitioner to the Santpur College. This was communicated to the Principal by a letter which he actually received on 5th December 1956. On 10th December 1956, the Acting Vice-Principal of the Santipur College replied to the Registrar, stating inter alia as follows: (1) That the petitioner obtained his transfer Certificate from the Krishnagar College. (2) He was admitted to the First Year Science Class of the Santipur College. (3) He was 'not' admitted into the second year class. (4) He sat at the Supplementary Annual Examination with other students. (5) He had paid his tuition fees upto 31st May 1957. (6) He had already appeared in one paper at the test examination, when the communication dated 3rd December 1956, was received. (7) He was allowed to complete his test examination. (8) His case might be reconsidered. : -;