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1974 Supreme(Cal) 39
HIGH COURT OF CALCUTTA
AMIYA KUMAR MUKHERJI
KHAGENDRA NATH SEN - Appellant
Versus
UNIVERSITY OF CALCUTTA - Respondent
CR 4227 (W) Of 1973
Decided On : FEBRUARY 14, 1974
The principles of natural justice require that a person be given a reasonable opportunity to defend his case.
Headnote:
UNIVERSITY OF CALCUTTA - SUPERSESSION OF GOVERNING BODIES - ACT SECTION LIST - CALCUTTA UNIVERSITY ACT, 1966, SECTIONS 3, 4(11), 55(2)(B)(III); CALCUTTA UNIVERSITY 1ST ORDINANCE, 1966, PARAGRAPHS 64, 93, 100; SOCIETIES REGISTRATION ACT, 1961, SECTION 19 - SUMMARY: The Calcutta University's Syndicate passed a resolution to supersede the governing bodies of three colleges - Asutosh, Jogmaya, and Shyama Prasad - and appoint an ad hoc committee for reconstituting the governing bodies. The petitioner, the Secretary of the superseded managing committee, challenged the resolution, arguing that the Syndicate lacked jurisdiction and that the principles of natural justice were violated. The Court held that the Syndicate had the power to dissolve the governing bodies under Section 4(11) of the Calcutta University Act, 1966, but that the University and the Syndicate did not act fairly and reasonably in the present case. The Court quashed the impugned resolution by a writ of certiorari and allowed the University and the Syndicate to start fresh proceedings for dissolution of the Governing bodies of the three colleges, after giving the petitioner reasonable opportunity and in accordance with law.
Fact of the Case:
The petitioner, the Secretary of the superseded managing committee of Asutosh, Jogmaya, and Shyama Prasad colleges, challenged the resolution of the Syndicate of the University of Calcutta to supersede the governing bodies of the three colleges and appoint an ad hoc committee for reconstituting the governing bodies. The petitioner argued that the Syndicate lacked jurisdiction and that the principles of natural justice were violated.
Finding of the Court:
The Court held that the Syndicate had the power to dissolve the governing bodies under Section 4(11) of the Calcutta University Act, 1966, but that the University and the Syndicate did not act fairly and reasonably in the present case. The Court quashed the impugned resolution by a writ of certiorari and allowed the University and the Syndicate to start fresh proceedings for dissolution of the Governing bodies of the three colleges, after giving the petitioner reasonable opportunity and in accordance with law.
Issues: 1. Whether the Syndicate had the jurisdiction to supersede the governing bodies of the three colleges. 2. Whether the principles of natural justice were violated.
Ratio Decidendi: 1. The Court held that the Syndicate had the power to dissolve the governing bodies under Section 4(11) of the Calcutta University Act, 1966, but that the University and the Syndicate did not act fairly and reasonably in the present case. 2. The Court held that the principles of natural justice were violated because the petitioner was not given a reasonable opportunity to defend his case.
Final Decision: The Court quashed the impugned resolution by a writ of certiorari and allowed the University and the Syndicate to start fresh proceedings for dissolution of the Governing bodies of the three colleges, after giving the petitioner reasonable opportunity and in accordance with law.
( 1 ) THESE three Rules are directed against the Resolution of supersession of the governing body of the three colleges -- Asutosh, Jogmaya and Shyama Prasad and appointing an ad-hoc committee for the purpose of re-constituting the governing bodies according to the provisions of the law. The said Resolution was passed by the Syndicate of the University of Calcutta in its meeting held on December 14, 1973. The petitioner, the Secretary of the superseded managing committee of the aforesaid three colleges, challenges the said Resolution of the Syndicate.
( 2 ) IN or about March, 1927, Asutosh College was registered as a society under the Societies Registration Act (Act XXI of 1861) so that its governing body was to be formed in accordance with its rules. In 1929 Asutosh Mukherjee Memorial Institute was also registered as a Society under the said Act. Jogmaya Debi College was originally started as the morning section for women students and Shyama Prasad College as the evening section for Arts and Commerce students of the said Asutosh College. In 1958, the said two splinter colleges created out of the said Asutosh College, were granted affiliation by the University subject to the condition that there would be three separate governing bodies of the three colleges. The Asutosh College governing body was a registered society and the other two colleges, being units of the same parent body, bad their governing bodies constituted on the same lines as that of the Asutosh College. Deputy Inspector of Colleges by his letter dated 26-8-1970 informed the petitioner that the said three colleges, namely, Asutosh, Jogmaya and Shama Prasad had come within the purview of the Statute 100 of the Calcutta University Act, 1966. The said intimation was made according to the direction of the Vice-Chancellor and the Syndicate. Thereafter, the Inspector of College by his letter dated September 10, 1973, requested the petitioner to furnish certain particulars in view of the fact that the petitioner in his letter dated 3-2-1970 referred to the subsequent amended rules. The petitioner replied to the said letter on 18-9-1973 wherein he requested the Inspector of Colleges to allow sufficient time to give a considered report Thereafter, a reminder was sent by the Dy. Inspector of Colleges by his letter dated 24-9-1973 requesting the petitioner to forward the necessary documents on or before November 5, 1973. Dy a letter dated 3-11-1973 time was extended till 15-11-1973, Thereupon on November 22, 1973, a show cause notice was issued by the Inspector of Colleges to the petitioner calling upon him to establish with relevant materials the validity of the composition of the governing bodies of three colleges. The petitioner replied to the said show cause on 29-11-1973 wherein the petitioner prayed for time till January 2, 1974, to give his reply. A resolution of the governing bodies of the three colleges held at the meeting on 25-11-1973 was also forwarded along with the said letter wherein it is stated that the Calcutta University be moved for extension of time for compliance with the requirements indicated in the letter under reference at least till 2-1-1974 and that the Secretary be requested to write to the Inspector of Colleges, Calcutta University, to that effect Thereafter On the 7th December, 1973, another letter was sent by the petitioner to the Inspector of Colleges in reply to the said show cause notice dated 22-11-1973, By a memo dated 15-12-1973, the Inspector of Colleges informed the petitioner that governing bodies of the said three colleges had been superseded by the Syndicate of the Calcutta University in its meeting held on December 14, 1973, and appointed an ad hoc committee for the administration of the said three colleges and requested the petitioner to make over charge of the said three colleges to the Chairman and the Secretary of the said ad hoc committee. Respondents Nos. 5 to 13 were appointed as the members of th
