Chakravartti, CJ. - (1.) Among the Second Year Science Students ef Santipur College who were sitting for their Test Examination in December 1956, was one Somesh Charan Chowdhury. The examination was proceeding and the practical test in Chemistry had just been concluded when the College received a communication from the Registrar of the University, dated the 3rd December 1956, which said that the Syndicate did not approve of Chowdhury's admission to the College. Chowdhury had begun his First Year as a student of the Santipur College, but had gone away after some time to another College with a certificate of transfer and subsequently returned. The disapproval of the Syndicate had reference to the second term of his membership of the College. If the Syndicate did not approve of Chowdhury's re-admission to the College, it meant that they would not recognise him as one of its students and the consequence would be that the College would not be able to send him up for the University examination, even if he passed the Test. In spite of the intimation received from the University, however, the Acting Vice-Principal, then in charge of the College, allowed Chowdhury to complete his examination and by a letter, dated the 10th December 1956, made a request to the University to reconsider his case, No immediate reply was received. In the meantime, Chowdhury was found qualified on the result of the Test to be sent up for the Intermediate Examination in Science but as nothing had been heard from the University, the Acting Vice-Principal sent a telegram to the Registrar on the 28th December 1956 and asked for advice as to what he was to do. He was informed by a letter, dated the 29th December 1956, that his letter of the 10th December 1956, would be considdered by the Syndicate when it next met. It appears that thereafter, on the 31st December 1956, the Acting Vice-Principal addressed another letter to the Registrar and asked specifically if he could send up Chowdhury for the Intermediate Science Examination of 1957. On the 9th January 1957, the Registrar replied to say that the University saw no reason to re-consider the case and could not grant the permission asked for to send up Chowdhury for the ensuing I. Sc. Examination on his passing the College Test. Thus, the University finally refused both to recognise Chowdhury as a student of the Santipur College and to admit him to the Intermediate Science Examination of 1957.
(2.) On the 15th January 1957, Chowdhury moved this Court under Article 226 of the Constitution against the Vice-Chancellor of the University of Calcutta, the Syndicate, the Registrar, the Controller of Examinations, the University itself and the Acting Vice-Principal and Secretary of Santipur College and obtained a Rule on them to show cause why a writ in the nature of Mandamus should not issue, directing them to cancel, or forbear from giving effect to, the decision of the Syndicate, disapproving of his admission to the Santipur College and refusing him permission to deposit his examination fees or why a writ in the nature of certiorari should not issue, directing them to quash the proceedings of the meeting of the Syndicate at which the impugned decision had been taken. On the 12th March 1957, the Rule was made absolute by Sinha, J. The learned Judge ordered the issue of a writ in the nature of certiorari, quashing the directive contained in the letter of the Registrar, dated the 3rd December 1956, and the relative resolution of the Syndicate, disapproving of Chowdhuryla-admission to Santipur College and also a writ in the nature of mandamus, directing the Respondents before him not to give effect to the resolution and not to prevent Chowdhury from appearing at the University examination, if he was otherwise entitled to do so. It will be noticed that the final order corrected the very incorrect form in which the Rule had been taken out with respect to the writ of certiorari.
(3.) Against the order of the learned Judge, the present appeal was preferred by the University and the parties connected with it. The Acting Vice-Principal of Santipur College did not join in the appeal and has been impleaded as a Respondent along with Chowdhury. Why the Acting Vice-Principal was made a party at all, is not too clear.;