- (1.) The Court : GA 1517 of 2019 is an interlocutory application by plaintiffs.
(2.) Mr. Banerjee, learned advocate appears on behalf of defendant no.7 and raises a point for clarification on assignment. He submits, assignment to this Bench was for presentation of plaint and such assignment may not include adjudication of the applications. There is a notice carried in the Original Side list, which is reproduced below:- "Once a main matter is specially assigned to a particular Bench, all subsequent interlocutory applications in connection with such matter shall automatically stand assigned to such assignee Bench without any formal order of Assignment. By Order" Mr. Joy Saha, learned senior advocate appears on behalf plaintiffs and demonstrates establishment of the two schools in Kolkata called 'La Martiniere'.
(3.) He draws attention to extract from Major General Claude Martin's Will, which he submits, is dated 11th January 1810. Article 22 in the Will says the testator lived as a Roman Catholic. By article 24 was bequeathed a sum of money to be put under protection of Government or under Supreme Court. They were permitted to devise an institution, inter alia, for public good of this city or establish a school, to fulfil wishes of the testator in regard thereto. He then refers to decree dated 22nd October, 1832, made In Equity by Supreme Court of Judicature at Fort William in Bengal. Decree directed establishment of a school called and distinguished by name 'La Martiniere', to be conducted as nearly as possible in conformity with 24th clause of the Will. The decree also provided, inter alia, for there being four Ex-Officio Governors. The Ex-Officio Governors were to annually elect and nominate four Additional Governors, who shall during the year, for which they are nominated and elected, have equal power and authority with Ex-Officio Governors. He goes on to add from the decree, in effect, the Board of Governors would manage the school to be determined by the majority of them resident at the time. He submits, the suit came to be identified as 'Old Equity Suit' and the decree stood amended under order of Court dated 6th June, 1944. Amendments relevant for purpose of his clients are that there was increase in number of Ex-Officio Governors to be twelve. There was put in place, a requirement for the Ex-Officio Governors to be Christians.;