JUDGMENT

Surinder Singh Nijjar, J. —

1. This appeal is directed against the final judgment and order of the Calcutta High Court dated 21st September, 2004 in M.A.T. No. 476 of 2004 arising out of Writ Petition No. 29805(W) of 1997 vide which the order of the learned Single Judge of the High Court was set aside.

2. We may notice the essential facts, which would have a bearing on the determination of the issues raised in this appeal. Admittedly, there has been a controversy with regard to the special status enjoyed by the Ramakrishna Mission Vivekananda Centenary College at Rahara (hereinafter referred to as ‘respondent No.1’) for a long period of time. The College was initially established in the year 1961 with a grant of Rs.2 lakhs given by the Government of West Bengal in the Education Department. The additional cost for establishing the College had been borne by the State Government. Subsequently on 25th April, 2002, the Government of West Bengal, in order to advance collegiate education and with a view to reduce the overcrowding in good colleges in Calcutta decided to set up a three year degree college at Rahara. Such college was to be set up on the recommendations of the Univ