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HIGH COURT OF CALCUTTA
Bose
SAMARENDRA PROSAD CHAKRAVARTY - Appellant
Versus
UNIVERSITY OF CALCUTTA - Respondent
Matter 2 Of 1951
Decided On : MARCH 7, 1951
UNIVERSITY - Matriculation Examination - Conditions for admission - Recognition of schools - Test examination - Authority to conduct - Syndicate's decision - Validity - Mala fides - Estoppel - Mandamus - Proper parties - Good faith - Domestic tribunals - Jurisdiction of Court - Extraneous matters - Consideration by Syndicate.
Fact of the Case:
Petitioners, students of Chakraberia High English School, sought admission to the Matriculation Examination conducted by the University. The University, however, decided that only students who passed the test examination conducted by Subal Chandra Pal, the officiating Head Master, would be admitted. The petitioners challenged this decision, alleging mala fides and ultra vires actions by the University.
Finding of the Court:
The Court found that the University's decision was not mala fide or ultra vires. The Syndicate had the authority to recognize schools and approve test examinations. The University's decision was based on the fact that the petitioners' Head Master, Jnanendra Nath Sanyal, had been dismissed by the school's managing committee and that Subal Chandra Pal had been appointed as the officiating Head Master. The Court also held that the University was not estopped from challenging the validity of Mr. Sanyal's acts, as the terms of the compromise in the suit between the school's managing committees were unclear and the University had not accepted Mr. Sanyal as the Head Master.
Issues: 1. Whether the University's decision to admit only students who passed the test examination conducted by Subal Chandra Pal was mala fide or ultra vires? 2. Whether the University was estopped from challenging the validity of Mr. Sanyal's acts? 3. Whether the Court had jurisdiction to interfere with the decision of the University, a domestic tribunal?
Ratio Decidendi: 1. The Syndicate had the authority to recognize schools and approve test examinations. The University's decision was based on the fact that the petitioners' Head Master, Jnanendra Nath Sanyal, had been dismissed by the school's managing committee and that Subal Chandra Pal had been appointed as the officiating Head Master. The Court found no evidence of mala fides or ultra vires actions by the University. 2. The terms of the compromise in the suit between the school's managing committees were unclear and the University had not accepted Mr. Sanyal as the Head Master. Therefore, the University was not estopped from challenging the validity of Mr. Sanyal's acts. 3. The Syndicate of the University was amenable to the jurisdiction of the Court and it was compellable to do acts which it was enjoined to do by Statute by an application under Section 45, Specific Relief Act.
Final Decision: The petition was dismissed, and the Rule was discharged with costs.
( 1 ) THIS is an application under Article 226 of the Constitution for an order directing the respondent to withdraw or recall its decision that only such students of Class X of the Chakraberia H. E. School who pass the Test Examination conducted by one Subal Chandra Pal, officiating Head Master of the School and are sent up for the Matriculation Examination in 1951 by him will be admitted to the examination by the University and also for an order on the respondent calling upon it to issue the necessary forms and take other necessary steps for the admission of the petitioners to the ensuing Matriculation Examination.
( 2 ) THE petitioners are two out of 100 students of Class X of a well-known school in South Calcutta known as Chakraberia High English School now located at 93, Bakul Bagan Row and 23/1, Chakraberia Road South. The said school was originally started in 1857 and was run as a Middle English School until the year 1938 when it was converted into a High English School and it was recognised by the respondent University in terms of the University Act, 8 of 1904, as a school entitled to send up candidates for the Matriculation Examination and the students who have passed the Test Examination held by the said school are entitled to sit for such examination.
( 3 ) THE respondent University was established and incorporated by Act 2 of 1857 which was passed on 24-1-1857. The object for which the University was established is stated in the Preamble of the said Act to be as follows:"whereas for the better encouragement of Her Majesty's subjects of all classes and denominations within the Presidency of Fort William in Bengal and other parts of India in the pursuit of a regular and liberal course of education, it has been determined to establish a University at Calcutta for the purpose of ascertaining by means of examination the persons who have acquired proficiency in different branches of literature, Science and Art and of rewarding them by academical degrees as evidence of their respective attainments and marks of honour proportioned thereunto etc. . . . . "
( 4 ) BY Act No. 8 of 1904 which came into force on 1-9-1904 the constitution and powers of the Indian Universities including the respondent University were defined and the Senate of the University was given power to frame regulations for matters relating to the University with the sanction of the Government under Section 25 of the said Act including the regulations with regard to conditions to be complied with by schools describing recognition for the purpose of sending up pupils as candidates for the Matriculation Examination and the conditions to be complied with by candidates for Matriculation Examination whether sent up by recognised schools or not.
( 5 ) PURSUANT to the said power contained in Section 25 aforesaid certain regulations were framed for conducting the Matriculation Examination. In Chap. 30, Regulation 2 it is provided as follows: (i) Ordinarily only pupils who have been educated for at least one school year previous to the date of the Matriculation Examination at a School recognised by the Calcutta University for such purpose, shall be admitted to Matriculation Examination. In regulation 4 it is provided that the Head Masters of recognised schools shall submit to the Controller of Examinations within such date as may be prescribed by the Syndicate the applications of those pupils and private candidates who have passed the Test Examination together with the necessary fees prescribed in regulation 5. It is provided in Chap. 10 of the Revised School Code sanctioned by the University of Calcutta that case of late admission of students in the matter of Matriculation class, i. e. , cases of first admission after the 15th of February or of admission after the 15th of July, should be reported to the University within a certain time and the University may sanction such late admission if there are exceptional circumstances in support of the applicati
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