A.K. Sen Gupta, J. - (1.) This application was moved in the year 1979 by Bhawanipur Gujrati Education Society, a Society registered under the West Bengal Societies Registration Act, 1961. The Bhowanipur Education Society College, a wing of the Bhowanipur Gujrati Education Society and the said College made this application against a Notice dated 26th April, 1979 issued by the Inspector of Colleges, University of Calcutta directing the Bhowanipore Education Society College to constitute/reconstitute the Governing Body of the said College according to the amended First Statute, 1979 of the University of Calcutta. Upon the said application, Mr. Sabyasachi Mukherji, J. (as His Lordship then was) was pleased to issue an interim order restraining the respondents from taking any steps and/or further step in terms of the said impugned Notice dated the 27th April, 1979. The said interim order was directed to be continued, till the disposal of the Rule.
(2.) During the pendency of the said Rule, another Circular was issued by the Inspector of Colleges, University of Calcutta on 13th April, 1983. A prayer was made by the petitioners to amend the said petition in order to challenge the subsequent notification regarding the constitution of the Governing Bodies of affiliated colleges. The said amendment was allowed.
(3.) The main contention of Mr. Ranadeb Chaudhuri, Senior Advocate appearing on behalf of the writ petitioners is that Bhowanipur Education Society College is a linguistic minority institution established in terms of Art. 30(1) of the Constitution and accordingly, none of the said Circulars/Notices, impugned herein, can be made applicable to the said College.;