Susanta Chatterji, J. - (1.) This matter is taken up along with another writ petition filed by the Bhowanipur Gujarati Education Society and others against the University of Calcutta and others, as parties. In both the matters applications for vacating the orders have been filed by the contesting Respondents. Affidavits have also been filed to oppose them. Both the writ petitions along with the applications for vacating the interim orders are taken up together for final disposal of the case By way of effective adjudication.
(2.) It appears from the writ application filed by the Bhowanipur Education Society College and Dr. Nalin Patel as Principal of the College and the Bhowanipur Gujarati Education Society praying inter alia for insurance of an appropriate writ of mandamus commanding the Respondents, viz. the University of Calcutta, State of West Bengal, West Bengal Council of Higher Secondary Education and their principal officers praying inter alia for issuance of an appropriate writ commanding them to rescind, recall and cancel the letter being No. C/469/164 -Staff dated February 9, 1989, issued by and/or under the signature of the Inspector of Colleges and the letter being No. 2269/CGA dated March 7, 1989, issued by and for the Director of Public Instructions, Government of West Bengal and to command the Respondents, to sanction of the arrear salary of the Principal of the Bhowanipur Education Society College and other consequential reliefs on the ground that the Respondents have acted without any and/or in excess of jurisdiction inasmuch as those two impugned letters are violative of Articles 29 and 30 of the Constitution of India and as such, neither of the same is binding upon the Petitioners nor the same can be enforced against the Petitioners. It is alleged that the said letters have been issued for collateral purposes with oblique motive and oblique object by not sanctioning the salary of the Principal of the Bhowanipur Education Society College.
(3.) It is, however, stated in details that the Bhowanipur Gujarati Education Society is a society registered under the West Bengal Societies' Registration Act, 1961 and it is a society, inter alia, with the object to impart education by establishment of educational institution specially in Gujarati language among: the students of the Gujarati community and is a linguistic minority community. It is further slated that the Bhowanipur Education Society College is a wing of the said Society and is therefore entitled to enjoy all the protections and reliefs as a linguistic minority community is enjoying privileges under the Constitution of India. It is placed on record that at all material times and still the Governing Body of the said Society has been constituted in terms of statute 100(1) of the Calcutta University Act, 1966, preserving the rights of the Society under the said Act which was always approved by the University of Calcutta. Incidentally, it has also been placed on record that the Petitioners have to file a writ application to preserve the privileges obtained by the Petitioners' Society under the Constitution run by the Governing Body of linguistic and religious minority community and the Civil Rule No. 6046(W) of 1979 has since been made absolute on June 17, 1988 and the Respondents have been restrained permanently from disturbing the management of the College in any manner whatsoever.;