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1961 Supreme(Cal) 216

B.N.BANERJEE
Swapan Roy Chowdhury – Appellant
Versus
Khagendra Nath Sen – Respondent


Advocates:
Arun Prokas Chatterjee, for Petitioner; Sir S.M. Bose, Advocate General and Somendra Chandra Bose, for Respondent.

ORDER : - Civil Rule No.1064(W) of 1961. The petitioner, who was a student in an academic institution known as Asutosh College, was required by the Principal of the College to leave the institution because the Principal thought that such action was necessary in the interest of the institution itself. The petitioner student seeks relief against the order in this Rule.

2. Asutosh College is affiliated to the University of Calcutta and derives some of its powers under the Calcutta University Act, 1951, and the statutes, Ordinances and Regulations framed under the said Act. It is necessary for me to refer to certain provisions of an Ordinance made under the Calcutta University Act, 1951, under which the order requiring the petitioner to leave the College was made.

3. In exercise of the power conferred by sub-sec. (2) of Section 52 of the Calcutta University Act, 1951, the Vice-Chancellor of the University made an Ordinance Known as the "First Ordinance relating to the Admission of Students to the University and their Enrolment". Sections 3, 8, 9, 10 and 21 of the Ordinance are to the following effect:

"Section 3. Save as otherwise provided, admission of persons to Colleges shall be allowe











































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