UNIVERSITY OF CALCUTTAS Vs. KHAGENDRA NATH SEN

JUDGEMENT

(1.) By a resolution of the Syndicate of the University of Calcutta adopted on December 14, 1973, the governing bodies of the Ashutosh, Jogamaya and Shyamaprasad Colleges were superseded with immediate effect and an ad-hoc committee of persons named in the resolution was appointed for the administration of the three colleges and with the objective of reconstituting their governing bodies according to law. The petitioner who is claiming to be the Secretary of the superseded governing bodies of the said three colleges as also the Secretary of Sir Ashutosh Memorial Institute challenged the order of supersession by three petitions under Article 226 of the Constitution on behalf of the three colleges and three rules were issued on these applications. These rules were opposed by the University, its authorities and other and after hearing the parties Amiya Kumar Mookherjee, J. by a common judgment made the rules absolute and the said resolution of the University was quashed by a writ of certiorari. The University as also its authorities preferred three appeals against the said judgment and order in respect of the three colleges while the petitioner also filed three cross-objections in the said appeals challenging certain findings in the impugned judgment. All these appeals and cross-objections have been heard analogously and will be governed by this judgment.

(2.) The relevant facts as stated by the petitioner are as follows: In the 1924, the South Suburban College which was a first rate college of South Calcutta, was renamed as Ashutosh College to perpetuate his hallowed memory. Ashutosh College was registered as a society under the Societies Registration Act, 1860 (Act XXI of 1860, in March 1927 and thereafter on September 19, 1929, Sir Ashutosh Mookerjee Memorial Institute was registered under the said Act. A new building, on a plot of land north of Hazra Park leased to the Ashutosh Memorial Institute by the Corporation of Calcutta, was built by the generous donations raised by late Dr. Shyamaprasad Mookherjee. This housed Ashutosh Memorial Hall, a public library as also the Ashutosh College since about 1934; even before since 1932, the college for girls in the morning session was inaugurated while the evening department for commerce was started in 1945 as departments of the Ashutosh College. The Governing Body of the Ashutosh College constituted under the Rules and Regulations of the Society, consisted of eleven members and management of the College vested in the Governing Body subject to general control of the Committee of the Memorial Institute in financial matters. In 1946, the Governing Body of the Ashutosh College adopted a scheme prepared by late C. C. Biswas for amendment of the Constitution of the Ashutosh College. These departments of the Ashutosh College were separated in 1948 with separate offices and governing bodies but they continued to be under the over-all control of the Committee. The Governing Bodies of these three colleges which enjoyed the same premises were of same pattern with members selected by the General Committee of the Memorial Institute under its rules and the President and the Secretary of the Governing Body of the Institute were also the President and the Secretary of the three colleges securing uniformity and co-ordination of policy including service conditions of staff. In 1956 these colleges, as required by the University Grants Commission, took separate affiliations from the University. Under its instructions, the Governing Bodies of three Colleges were constituted which were on same lines as "that of Ashutosh College in relation to Ashutosh College and Ashutosh College Memorial Institute". The colleges were continuing as affiliated colleges even after coming into effect of the Calcutta University Act, 1951 and its repeal by the Calcutta University Act of 1966 and the Governing Bodies of the said colleges were reconstituted in 1972 which had been functioning till they were superseded by impugned resolution.

(3.) Statute 93 of the First Statutes of the Calcutta University provides that, save as provided in Statute 100 the Governing Body of a college is to consist of members as provided therein. Statute 100 makes special provisions regarding governing bodies of certain colleges, including colleges managed by registered societies and the constitution of such governing bodies shall, in so far as the terms and conditions of Articles and Memorandum of associations of such registered society so require, continue as such provided that the Articles and Memorandum of a registered society, after the commencement of these statutes (September 18, 1968) shall require the approval of the Syndicate before such society is registered. It appears that on January 20, 1970 the Inspector of Colleges of the University wrote to the Secretary of the three colleges drawing his attention to earlier letters and reminders and asking for submission of the trust deed or memorandum or articles of association with regard to the constitution of the governing bodies of the colleges within January 30, 1970. In default, it was said that the University would presume that action would have to be taken under Statute 93. In reply, the petitioner by his letter dated February 3, 1970, stated that the Ashutosh College was registered as a society on March 30, 1927, and a certificate of the Registrar was enclosed therewith along with the attested copy of Memorandum of Association. It was, further, stated that Jogamaya College and Shyamaprasad College formed out of the morning and evening departments of Ashutosh College, had their respective governing bodies governed by the same rules as framed for the Ashutosh College under its memorandum of association. Under subsequent amendment of the rules, the governing bodies of the three colleges were to be constituted with the President and the Secretary of the Memorial Institute, 9 members from the said Institute elected by the member of thereof for three years, Principal of the Colleges (Ex-Officio), Vice-principal and two other representatives from the whole-time teaching staff elected annually, two additional members co-opted by governing bodies annually from amongst persons interested in education other than members of the Memorial Institute. The President of the Institute was to be the President of the governing bodies while the Secretary of the Institute was to be the Secretary of the Governing Bodies. It was further stated that all these three colleges are constituent units of the Ashutosh Mookherjee Memorial Institute which is a society registered under Act XXI of 1860. By its letter dated August 26/28, 1970, the Deputy Inspector of Colleges of the University informed the Secretary of the three colleges, as directed by the Vice-Chancellor and Syndicate, that these colleges had come within the purview of Statute 100 of the Calcutta University First Statutes under the Calcutta University Act, 1966.