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2023 Supreme(Cal) 1144

SABYASACHI BHATTACHARYYA
Dipendra Kumar Sanyal – Appellant
Versus
Director and Member Secretary Board of Governors (IISWBM) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tilak Kumar Bose, Sr. Adv., Mr. Biswaroop Bhattacharya, Adv. Mrs. Vijaya Bhatia, Adv., Ms. Susmita Paul, Adv.
For the Respondent: Mr. Lakshmi Kumar Gupta, Sr. Adv., Mr. Chayan Gupta, Adv. Mr. Pran Gopal Das, Adv. Mr. Saikat Biswas, Adv. Mr. Sumit Sen, Adv., Mr. Shuvojeet Gupta, Adv., Mr. Amitava Chaudhuri, Adv., Mr. N. Roy, Adv., Mr. Nilotpal Chatterjee, Adv., Mr. Satyaki Banerjee, Adv., Mr. T.M. Siddiqui, Adv., Mr. Debasish Ghosh, Adv.

JUDGMENT :

1. The present writ petition has been preferred against the decision taken on May 30, 2017 in a meeting of the Board of Governors (BOG) of the Indian Institute of Social Welfare and Business Management (hereinafter referred to as, “the Institute”) whereby the President opined that the Board of Trustees (BOT) should be dissolved and the BOG would continue. It is argued that the said proposal was accepted by the BOG and confirmed subsequently in the meeting of the BOG dated December 10, 2018.

2. Learned senior counsel appearing for the petitioner argues that the said resolution is patently contradictory to the Memorandum of Association of the Institute and, if accepted, would render the functioning of the Institute lop-sided by concentrating the entire power in the BOG, which was never the intention of the founders.

3. It is shown from the Memorandum that eminent members of the society were Members of the Institute with the founder member being the then Chief Minister Dr. B.C. Roy. The father of the present petitioner was one of the founder members. Learned senior counsel places reliance on the Memorandum to show that the BOG may from time to time elect such person or persons

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