JUDGMENT

R.F. Nariman, J.

1. Leave granted.

2. In order to decide the present batch of appeals, for the sake of convenience, the facts from the civil appeal arising out of Special Leave Petition (Civil) No.35786 of 2016 have been taken. The Sisters of St. Joseph of Cluny is a society registered under the West Bengal Societies Registration Act, 1961, being founded on 26.3.1973. Clause 3(b) of the Memorandum of Association of the petitioner-society states:

“To acquire, take over, rent, provide, establish, aid, maintain, administer and/or run colleges, schools, institutions, hostels, houses, associations, libraries, reading rooms, or any other activity with education for its purpose for all persons, primarily for Catholics but also for all other persons, irrespective of religion, race, caste, community or social status.”

3. The society, in a letter dated 16.12.1997 addressed to the Inspector of Colleges, North Bengal University, made it clear that it did not seek minority status or special concessions – it wished to establish a college on secular lines. On 10.1.1998, the Inspector of Colleges, North Bengal University, submitted his inspection report, in which he mentioned that originally the society did desire to have minority status for the proposed college. However, they subsequently changed their mind. As a result, the Deputy Secretary, Higher Education Department, Government of West Bengal, by its letter dated 21.7.1998, approved the proposal for the establishment of Cluny Women’s College, on the footing that it would be a non-minority secular institution. On this basis, the first governing body of the college was constituted in accordance with Statute 1 of the Statutes relating to the Governing Bodies of Colleges of North Bengal University. On 13.9.2004, the University granted permanent affiliation to Cluny Women’s College from the academic year 2003-2004.

4. Following yet another change of heart, the society issued a letter to the Chairman, National Commission for Minority Educational Institutions (hereinafter referred to as the NCMEI), dated 27.6.2007, seeking the issuance of a status certificate of a minority educational institution for Cluny Women’s College. The NCMEI passed an ex-parte order declaring the said women’s college as a minority educational institution on 23.10.2007. Pursuant to this order, on 25.10.2007, the NCMEI issued a minority status certificate. On 5.9.2008, the Registrar, University of North Bengal, filed an application for cancellation of the said certificate. This was dismissed by the NCMEI on 5.11.2009.

5. These events led to the society filing a writ petition, being W. P. No. 4406 of 2010, praying:

“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 3^rd respondent from exercising the functions of the governing body of Cluny Women’s College and to restrain them from interfering with the functions of the governing body of Cluny Women’s College constituted by the petitioner society.”

6. Likewise, the Governing Body, Cluny Women’s College (respondent No.3 herein), which was the governing body set up under the statute of the University, also filed a writ petition, being W. P. No. 5002(W) of 2010, in which it prayed for:

“(a) A writ of and/or in the nature of mandamus do issue directing the respondent authorities to forthwith cancel and/or rescind and/or withdraw the purported declaration being F. No. 506 of 2007 dated 25^th October, 2007 issued by the respondent no.3.

(b) A writ of and/or in the nature of mandamus do issue directing the respondents, particularly the respondent nos. 4, 5 and 6, to forbear from acting and/or further acting and/or taking any steps and/or claiming any right on the basis of the purported declaration being F. No. 506 of 2007 dated 25^th October, 2007 issued by the respondent no.3 in any manner whatsoever.

(c) A