P.B.Mukharji, J. - (1.) This is an application by Jatindra Nath Set, who is a life member of the National Council of Education, against the Jadavpur University, the Secretary, National Council of Education and the State of West Bengal. The application is made under Article 226 of the Constitution for a writ of mandamus directing the Jadavpur University and the State of West Bengal to forbear from taking over the management and maintenance of any institution under the control of the National Council of Education or from taking over any assets covered by any deed of gift, endowment, bequest or trust in favour of such National Council of Education.
(2.) The National Council of Education conjures up the memory of a chapter in the history of national education in India during the period of her struggle for emancipation against foreign rule. It was founded by men inspired by partiotism and national ideals as early as 1906. The object was to impart education, literal, scientific as well as technical and professjonal and emphasis was on the national ideals. It was thought at the time that the than existing universities were anti-national and were not suited to educate Indians to be true to their national genius and cultural heritage. The National Council of Education was a great example of creative achievement of the historic Swadeshi movement in the State of Bengal. More than half a century has passed and the gallery of time is packed with the relics of ideals achieved and broken. Great changes have come on the political and constitutional horizon of India. The scene has changed. The application represents a conflict and a struggle between the old atmosphere and the new atmosphere, between the old sense of struggle and the new environment of emancipation.
(3.) The Jadavpur University Act, 1955, is challenged as ultra vires. Mr. Mukunda Behari Mullick, the learned Advocate for the applicant first criticises this Act as a measure of bad faith. He draws my attention to that portion of the statement of objects and reasons published in the Calcutta Gazette Extraordinary of August 31, 1955, Part IV A at page 1432, where the Minister -- Member-in-Charge, made the following statement: "..... that the degrees of the National Council of Education should receive statutory recognition by the State Government or by the Government of India, as the ease may be. The College of Engineering and Technology (run by the National Council of Education) has been virtually functioning as a University. It is now considered necessary to give statutory recognition to the Courses of Studies and the Degrees of this Institution to enable it to function and develop as a Unitary Teaching University. The Government of India concur in the proposal." It is argued on behalf of the applicant that instead of raising the National Council of Education to the status of a university as declared in those objects and reasons, something entirely different has been offered in the new Statute of the Jadavpur University Act. This Court is not concerned with allegations of bad faith in the sense how far promises made by legislators or Ministers in the statements of objects and reasons of a statute are ultimately formulated in the statute itself. The place to agitate them is the more colourful arcadias, intended for them. If the applicant has to succeed in this Court, he has to succeed on the prosaic and legal question that the Jadavpur University Act, 1955, is ultra vires the Constitution.;