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1952 Supreme(Cal) 72

BOSE
AMARENDRA CHANDRA – Appellant
Versus
NARENDRA KUMAR BASU – Respondent


Advocates Appeared:
ANIL KUMAR DAS GUPTA, B.DAS, BINAYAK NATH BANERJEE, KALYAN KUMAR GHOSH, KAMJIT MOOKERJEE

BOSE, J.

( 1 ) THIS is an application under Atricle 226 of the Constitution for a Writ in the nature of 'quo Warranto' calling upon the respondents to exhibit the authority under which they are functioning and acting as the members of the Managing Committee of a school in South Calcutta known as the Chakra-beria High School and for an injunction restraining them from functioning as such.

( 2 ) THE petitioner is the father and guardian of two students of the said Chakraberia School which is located at 93, Bakulbagan Road and at 23/1 Chakraberia Road, South Calcutta. It is alleged in the petition that at a meeting of the guardians of the students of the said school held on 14th May 1950 a Managing committee of the school was constituted in accordance with the Revised School Code which it is said was framed by the Calcutta University under the Indian Universities Act (Act VIII (8) of 1904 ). It is alleged that the respondents have constituted themselves into a rival Managing Committee and have wrongfully obtained the approval of the University in terms of Rule 5 of the Revised School Code although the conditions precedent which must exist before the University can validly grant its








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