Amiya Kumar Mookerji, J. - (1.) This Rule is directed against an order of the Vice-Chancellor, University of Calcutta, dated 7.1.77 dissolving the governing body of the three colleges, Surendranath College (Day), Surendranath Evening College and Surendranath College for Women, and appointing Mr. Mukul Gopal Mukherjee as the Administrator of the said three colleges.
(2.) On 2nd, 3rd and 4th January, 1974, the Inspector of Colleges inspected the three colleges and on 3.4.75 the reports were submitted. On 27.8.75 the Inspector of Colleges wrote to the college authorities enclosing reports and questionnaires. Thereafter on 13.12.75 detailed relies were given by the Secretary of the College Council to the Inspector of Colleges. On 17.3.76 there was a meeting of the College Committee of the University. It considered the inspection reports for the second time and it requested the Syndicate to arrange for another inspection of the colleges at an early date. The colleges were asked to keep 10 documents and books ready for inspection. On 11.8.76 as directed by the Pro-Vice Chancellor for Academic Affairs the Inspector of Colleges wrote to the Secretary of the colleges to produce or cause to be produced at the time of the inspection of the colleges certain documents. In that letter it was intimated that a team of Inspectors appointed by the Syndicate would visit the colleges on 24.8.76 at 12 noon would continue the inspection. On 18.8.76 the Secretary wrote a letter to be Inspector of Colleges stating that the President of the Surendranath College Council was out of Calcutta and the mater could not be taken up for proper consideration until he returned. In the meantime the Inspector of Colleges was requested to the Send the resolution o the Syndicate. In reply to the said letter of the Secretary, on 23.8.76 the Inspector of Colleges informed that the inspection would be held on 1.9.76 instead of 24.8.76 as it was previously scheduled. On 1.9.76 the inspecting team was received by the Principal of the said College, who. however, refused inspection and/or to show any papers/records etc. and did not allow the team to visit the library and laboratories on the ground that he had been so instructed by the Secretary of the Surendranath College Council. The inspection with respect to other two colleges was also refused. On 10.9.76 a resolution was passed by the Syndicate. It resolved as follows : That the authorities of the Surendranath College, Surendranath Evening College and Surendranath College for Women be directed under ordinance 64, of the Calcutta University First Ordinance 1966, to produce or cause to be produced within three days of the receipt of this directives as specified in this notice, dt. 11.8.76 issued by the Inspector of Colleges, under the direction of Pro-Vice Chancellor for Academic Affairs on 30.7.76, books, papers and documents before the Vice-Chancellor. Resolved further that the authorities of the said Colleges be warned that non-compliance with the above directive may lead to serious consequences for which they themselves will singularly be responsible. Resolved that as there is cause for serious apprehension of gross financial, academic and other irregularities in the administration t of the said Colleges, the Syndicate delegates under section 55-2(b) of the C. U. Act, 1966, its powers and duties in connection with the directive issued to the said colleges under Chapter IX and X of the C. U. First Ordinances, 1966 with particular reference to Ordinance 64(1) and 64(2) to the Vice-Chancellor for prompt action.
(3.) On 14.9.76 the Inspector of Colleges in pursuance of the aforesaid resolution passed by the Syndicate issued a directive to the Secretary, Surendranath College to produce within three days from the receipt of the said directive certain books, papers and documents before the Vice Chancellor. Against the said directive the petitioners moved this Court on 17.9.76 and obtained a Rule and an interim order of injunction upto 15.11.76. Thereafter, on 24.12.76 a show cause notice was issued by the Inspector of Colleges calling upon the petitioners to show cause within ten days from the date of the receipt of the said show cause notice why steps should not be taken against the said colleges under Chapter IX, particularly, Ordinance 64(2) of the Calcutta University First Ordinances, 1966, viz. why the Governing Body of the colleges should not be dissolved and the management of the colleges taken over by the University in such manner as might appear to it be fit and proper. The petitioners, however, did not reply to the said show cause and subsequently on 7.1.77 the impugned order was passed by which the Governing Body of the three colleges was dissolved and an Administrator was appointed.;