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HIGH COURT OF CALCUTTA
Anil Kumar Sen
GOSTHA BEHAR GHOSE - Appellant
Versus
UNIVERSITY OF CALCUTTA - Respondent
C. R. 1746 (W) Of 1969
Decided On : AUGUST 06, 1971
CALCUTTA UNIVERSITY FIRST STATUTES, 1966 - Reconstitution of Governing Body - Interpretation of Statutes 93 and 100 - Applicability of Statute 100 to Trust Created After Commencement of Statutes - Requirement of Syndicate Approval - Retrospective Effect of Registration Under Section 47 of Registration Act - Bona Fide of Deed of Modification - Irregularities in Reconstitution Under Statute 93 - Dispute About Election or Nomination of Members - Jurisdiction of Syndicate Under Statute 93 (4) - Expediency of Seeking Remedy Provided by Statute.
Fact of the Case:
Petitioners, shebaits of a trust, challenged the reconstitution of the governing body of Nandalal Ghose B. T. College under the Calcutta University First Statutes, 1966 (First Statutes). The dispute arose due to the execution of a deed of modification amending the original trust deed, which provided for a Trust Board as the governing body. The University authorities rejected the deed, considering it antedated to avoid Statute 93, and reconstituted the governing body according to Statute 93.
Finding of the Court:
1. The University authorities were correct in rejecting the deed of modification as it was registered after the commencement of the First Statutes and lacked prior Syndicate approval as required by Statute 100. 2. The retrospective effect of registration under Section 47 of the Registration Act does not derogate from the fact that the trust was created on the date of registration. 3. The bona fide of the deed of modification was disputed, and the true date of execution could not be ascertained in summary proceedings. 4. Irregularities in the reconstitution under Statute 93, such as the absence of proper elections and government nominees, were alleged, but the court held that such disputes should be referred to the Syndicate for adjudication as per Statute 93 (4).
Issues: 1. Whether the deed of modification was valid and applicable under Statute 100. 2. Whether the reconstitution of the governing body under Statute 93 was lawful and in accordance with the Statute's provisions.
Ratio Decidendi: 1. Statute 100 applies to trusts created before the commencement of the First Statutes, and a trust created afterward requires prior Syndicate approval. 2. Section 47 of the Registration Act gives retrospective effect to a deed from the date of execution, but the trust is created on the date of registration. 3. The court cannot decide on the bona fide of the deed of modification in summary proceedings when the true date of execution is disputed. 4. Disputes about the election or nomination of members to the governing body should be referred to the Syndicate for adjudication under Statute 93 (4).
Final Decision: The Rule was discharged, and all interim orders were vacated.
( 1 ) THIS Rule was issued on a Writ petition. The dispute involved is one over reconstitution of the governing body of Nandalal Ghose B. T. College on the enforcement of the Calcutta University First Statutes, 1966 (SC) (hereinafter referred to as the First Statutes ).
( 2 ) THE first two petitioners are the shebaits of Sri Sri Lakhi Janardan Thakur. By a deed dated May 17, 1968 they conveyed certain lands and a two storied building to petitioners 3 to 5 and respondents 5 and 9 as trustees for setting up a B. T. College to be named after late Nandalal Ghose, the father and grandfather of the petitioners 1 and 2 respectively. Under the said deed the settlees were constituted members of a provisional committee who would establish the college contemplated by the trust. But the deed further provided that after such establishment the committee or the governing body of the college would be formed according to law, rules and regulations of the University of Calcutta for the management of the said college. In such committee, however, a settlor or one of their successors will be a life member and further a settlor or settlors' successors will nominate one local member.
( 3 ) THE settlees established a college. On March 26, 1968 they applied to the University authorities for affiliation of the said college from the academic session 1968-69. On a report submitted after enquiries by Sri K. K. Mukherjee and Sri A. C. Banerjee the Calcutta University Syndicate by a resolution dated July 5, 1968 granted affiliation subject however to the implementation of certain conditions set out in the enquiry report. On such affiliation the college was run from the beginning of the academic year 1968-69.
( 4 ) BY an appropriate notification issued under Section 58 (4) of the Calcutta University Act, 1966 (hereinafter referred to as the said Act) the State Government brought into force the First Statutes, the First Ordinances and the First Regulations framed by the Vice Chancellor under Section 58 (2) of the said Act with effect from September 18, 1968. Chapter 7 of the First Statutes provides for constitution, powers and functions of the governing bodies of colleges and the tenure of its members. Two Statutes 93 and 100 are relevant for our present purpose and they are set out hereunder :--"93. (1) Save as otherwise provided in Statute 100 the Governing Body of a college shall consist of the following members, namely :-- (a) the Principal of the college, who shall be the Secretary of the Governing Body, ex-officio; (b) two members to be elected from amongst themselves by the whole-time teachers of the college at a meeting to be convened for the purpose by the Principal of the college and presided over by him; (c) in the case of a college receiving recurring financial aid from the State Government, one member to be nominated by the State Government; (d) three members to be nominated by the Syndicate of whom at least one shall be a woman in the case of a Women's College or a co-educational college; (e) besides the members, if any, required to be included in the Governing Body of the college under the terms and conditions of any donation to the college, such other members, being representatives of the donors of the college to whose donations no such condition is attached, as may be chosen in the following manner, that is to say,-- (i) where the number of such donors exceeds five, two members, and (ii) where the number of such donors does not exceed five, one member, to be elected by such donors by postal ballot : provided that after the commencement of these Statutes, no condition shall be attached to any donation to a college requiring representation in the Governing Body of the college, and Provided further that no teacher or salaried employee of the college who is a donor shall be entitled to be so elected. (2) The members of a Governing Body as stated under paragraph (1) shall, at their first meeting, elect a person as the Presid
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