SISTERS OF ST JOSEPH OF CLUNY Vs. STATE OF WEST BENGAL & ORS

JUDGEMENT

(1.) Leave granted.

(2.) In order to decide the present batch of appeals, for the sake of convenience, the facts from the civil appeal arising out of Special Leave Petition (Civil) No.35786 of 2016 have been taken. The Sisters of St. Joseph of Cluny is a society registered under the West Bengal Societies Registration Act, 1961, being founded on 26.3.1973. Clause 3(b) of the Memorandum of Association of the petitioner-society states:

(3.) The society, in a letter dated 16.12.1997 addressed to the Inspector of Colleges, North Bengal University, made it clear that it did not seek minority status or special concessions it wished to establish a college on secular lines. On 10.1.1998, the Inspector of Colleges, North Bengal University, submitted his inspection report, in which he mentioned that originally the society did desire to have minority status for the proposed college. However, they subsequently changed their mind. As a result, the Deputy Secretary, Higher Education Department, Government of West Bengal, by its letter dated 21.7.1998, approved the proposal for the establishment of Cluny Women's College, on the footing that it would be a non-minority secular institution. On this basis, the first governing body of the college was constituted in accordance with Statute 1 of the Statutes relating to the Governing Bodies of Colleges of North Bengal University. On 13.9.2004, the University granted permanent affiliation to Cluny Women's College from the academic year 2003-2004.