( 1 ) THIS is an application by Jatindra Nath Set, who is a life member of the National Council of Education, against the Jadavpur University, the Secretary, National Council of Education and the State of West Bengal. The application is made under Article 226 of the Constitution for a writ of mandamus directing the Jadavpur University and the State of West Bengal to forbear from taking over the management and maintenance of any institution under the control of the National Council of Education or from taking over any assets covered by any deed of gift, endowment, bequest or trust in favour of such National Council of Education.

( 2 ) THE National Council of Education conjures up the memory of a chapter in the history of national education in India during the period of her struggle for emancipation against foreign rule. It was founded by men inspired by partiotism and national ideals as early as 1906. The object was to impart education, literal, scientific as well as technical and professjonal and emphasis was on the national ideals. It was thought at the time that the than existing universities were anti-national and were not suited to educate Indians to be tru