An Ordinance can be given effect to only after it is submitted to the Chancellor and the Chancellor gives his assent to the same.

This application is at the instance of the Principal, 'Kabi Thirtha' Subhas Nagar, Bongaon, a college for Fine Arts affiliated to the University of Rabindra Bharati for admitting students in two years Junior Diploma Course in Dance, Drama and Vocal Music and it is directed against an order contained in the enquiry report and findings dated 7th July, 1980 made by the Registrar, Rabindra Bharati University, annexed as Annexure 'M' to the petition pursuant to the order made by this Court in Civil Rule No. 8972 (W) of 1978 on 10th March, 1980.

2. The aforesaid college known as 'Kabi Thirtha' situated at Subhas Nagar, P.S. Bongaon, District 24-Parganas, applied for affiliation to the Rabindra Bharati University for permitting the college to admit students in the two years Junior Diploma Course in Dance, Drama and Vocal Music. After due enquiry and on being satisfied the University authorities granted affiliation to this college for admitting students in the two years Junior Diploma Course in Dance, Drama and Vocal Music. The prospectus for the said course as published by the University in 1969 was handed over to the college authorities for guidance. It was provided therein :-

"Any student who passed the School Final Examination of the Board of Secondary Education or holds an equivalent qualification may be admitted to the examination provided he has attained a minimum age of 16 years and has prosecuted a regular course of study for two Academic years in the institution affiliated to the University."

The petitioner purchased a syllabus on 11th of April, 1977 from the Sales Counter of the University and it was evident from the said syllabus that the standard of eligibility for admission was the same as mentioned hereinbefore. The respondent No.1, the State of West Bengal, in order to encourage and permit the study of Fine Arts amongst the students belonging to the Scheduled Caste and Scheduled Tribes has been granting scholarship and by Order No. 921/S.C./SWTS dated February 10, 1977 sanctioned for payment of Rs.1,39,472/- in favour of the Principal, 'Kabi Thirtha'. A copy of the said order has been annexed as Annexure 'A' to the writ petition. It may be mentioned in this connection that the fund for this scholarship was granted by the Union of India. The above amount was sanctioned by the respondent No. 1, on duly scrutinising the applications submitted in the prescribed form by the students reading in the college, 'Kabi Thirtha' who confirm to the terms and conditions prescribed for applying for this scholarship.

3. On March 21, 1977, the respondent No. 2, the Special Officer, Schedule Caste and Schedule Tribes Welfare, Barasat, 24-Parganas North, passed an order cancelling the said grant without assigning any the reason therefor in the said order. This has been annexed as Annexure 'B' to the petition. On April 25, 1977, the petitioner sent a communication to the respondent No. 2 intimating him that there was no reason for cancelling the said grant. It was further stated that the Sub-Divisional Officer, Bongaon, demanded a sum of Rs.5000/- as illegal gratification for the release of the said grant and on refusal by the petitioner to comply with the said illegal demand of the said officer, the said officer became very much annoyed and wrote a letter on March 18, 1977 under No. 143 (con) to respondent No. 2 and got the said grant cancelled. It has also been stated therein that the grant was sanctioned by the respondent No.1 after being satisfied that the requirements for obtaining the same were fulfilled, by the students who applied for the grant. On May 5, 1977, a letter was issued to the Principal, the petitioner, by the Special Officer, the respondent No. 2, stating for the first time therein that the minimum qualification for admission to the Junior Diploma Course in Dance, Drama and Music under Rabindra Bharati University which was Matriculation or School Final Examination passed up to February, 1971 had been brought down to