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2016 Supreme(Cal) 926

SOUMITRA PAL, MIR DARA SHEKO
Sisters of St. Joseph of Cluny – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Appellant :Mr. Kalyan Kumar Bandopadhyay, Senior Advocate, Ms. Chama Mukherjee, Mr. Sandip Ghosh, Mr. Pratap Khati and Mr. S.K. Baid, Advocates
For the Respondent:Mr. Joytosh Majumdar, Ld. A.A.G. and Mr. Pinaki Dhole, Advocate, Ms. Shampa Sarkar, Advocate, Mr. Joydeep Kar, Mr. Kishore Dutta, Senior Advocates, Mr. Indranil Roy, Mr. Arnab Mukherjee and Ms. Madhurima Mukherjee, Advocates, Mr. Ayanabha Raha, Advocate

JUDGMENT :

Soumitra Pal, J.

This appeal has been preferred from a common judgment delivered on 3rd July, 2012 by the learned Single Judge in the writ petition being W.P. 4406 (W) of 2010 (Sisters of St. Joseph of Cluny v. The State of West Bengal & Ors.) and on the writ petition being W.P. No. 5002 (W) of 2010 (Governing Body of Cluny Women's College v. The State of West Bengal & ors.). By the said judgment the former writ petition - W.P. 4406 (W) of 2010 was dismissed and the latter was disposed of in view of reasonings given in the former writ petition. In the later writ petition, - W.P. No. 5002 (W) of 2010, the petitioners in W.P. 4406 (W) of 2010 was the respondents No. 4. Being aggrieved, the writ petitioner in W.P. 4406 (W) of 2010 has preferred this appeal.

2. The writ petition, being W.P. 4406 (W) of 2010, was moved with the following prayers:-

"A. A declaration that statute 1 of the statutes relating to governing bodies of colleges of University of North Bengal is ultra vires and unconstitutional;

B. A writ of mandamus or any other writ, direction or order restraining the 3rd respondent from exercising the functions of the governing body of Cluny Women's College and to restrai






























































































































































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