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2007 DIGILAW 878 (CAL)

Surangama Saha v. University of Calcutta

2007-12-17

BISWANATH SOMADDER

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JUDGMENT:- (1). AFFIDAVIT-OF-SERVICE, filed on behalf of the petitioner, be kept on record. (2). HEARD the learned Advocates appearing on behalf of the parties. (3). THE writ petition has been taken out by a student, who had passed her B.A. examination with English Honours as a registered student of the university of Calcutta obtaining around 52.5 per cent marks in the year 2007. (4). ON 12th September, 2007, she applied for admission to the M. A. Course in English in University of Calcutta and also applied for the same course in bethune College, pursuant to an advertisement published in a newspaper by the college authority. It has been stated in the writ petition that sometime during the end of September 2007, names of 93 candidates were displayed serially in the notice/display board of Bethune College according to merit. As per the merit list the writ petitioner was placed at serial No. 15. This position is not disputed by the college authority. (5). IN paragraph 6 of the writ petition it has been stated that on several occasions the writ petitioner along with her guardian met the authority of bethune College and were assured that immediately after reopening of the college after Puja Vacation, admission fees etc. would be accepted. In paragraph 7 of the writ petition it has been inter alia stated as follows: ". . . . . . . . that on 20th November, 2007 coming to the Bethune College, your petitioner was bewildered to find a notice from the Bethune College authority whereby and whereunder they cancelled the entire admission process of the M. A. English Course without disclosing any reason whatsoever asking the candidates to take refund of the cost of the application form. Your petitioner has however, not taken refund of the fund for application form. . . " (6). IT was primarily in the aforementioned backdrop that the writ petitioner chose to approach this Court. According to her, for no fault of hers, she has been deprived of an admission in the M. A. Course in English, which was supposed to be conducted by Bethune College under authority of the university of Calcutta. . . " (6). IT was primarily in the aforementioned backdrop that the writ petitioner chose to approach this Court. According to her, for no fault of hers, she has been deprived of an admission in the M. A. Course in English, which was supposed to be conducted by Bethune College under authority of the university of Calcutta. According to the writ petitioner, on the given promise by the college authority, she had legitimate expectation that she would definitely get admission in M.A. Course in English that was to be conducted by the said college, but such expectation had been shattered by the decision of the college authority to suddenly close the admission for M.A. Course in English. (7). AT the time of hearing of this matter, the learned Advocate appearing on behalf of the University of Calcutta drew my attention to a letter dated 5th September, 2007, written by the Secretary, U.C.A.C., University of calcutta addressed to the Principal, Bethune College, Calcutta. The subject-matter of the letter appears to be grant of permission of extension of affiliation to Bethune College, Calcutta for introduction of Post Graduate Course of studies in English, with effect from the academic session 2007-08. From the said letter dated 5th September, 2007, it appears that the University authorities were pleased to extend affiliation to the said college for introducing M.A. Course of studies in English with an intake of 15 students with effect from the academic session 2007-08. It was, however, mentioned in the said letter that certain conditions were required to be fulfilled by the college authorities and a compliance report was to be sent to the University as early as possible. (8). THE learned Advocate appearing on behalf of the University of Calcutta has also handed up a copy of a letter dated 20th November, 2007, written by the Principal of Bethune College, Calcutta to the Vice-Chancellor of the university of Calcutta. The said letter dated 20th November, 2007, in its entirety, is reproduced here in below: "the Vice-Chancellor university of Calcutta kolkata-700073. Sub: Intimation of Cancellation of Admission to M.A. Course in English at Bethune College for academic session 20072008. The said letter dated 20th November, 2007, in its entirety, is reproduced here in below: "the Vice-Chancellor university of Calcutta kolkata-700073. Sub: Intimation of Cancellation of Admission to M.A. Course in English at Bethune College for academic session 20072008. Ref: Memo No. Aff1/335/ucac dated 5.9.07 from Secretary, U.C.A.C. Respected Sir, with reference to the above mentioned memo, I write to bring to your kind notice that application forms were distributed for M.A. course in english at Bethune College from 10.9.07 and merit list was published on 17.9.07. Admission was scheduled to be held on 20.9.07. In the afternoon of 19.9.07 I was advised by senior officials of Higher Education Directorate not to proceed with the admission process, following which admission to this course was suspended until further notice. After further discussions with senior officials of the Higher Education Department, I was directed by the competent authority of Higher Education Department, Govt. of west Bengal to cancel admission to M. A. course in English at Bethune college for the academic session 2007-2008. The notice for cancellation of the course has been published today, when College opened after Puja vacation. A copy of the notice is enclosed for your kind information and reference. I sincerely regret inconvenience caused to Calcutta University in this matter. " (9). AFTER going through the aforementioned letter and after taking into consideration of the submissions made by the learned Advocates appearing on behalf of the parties and upon perusing the writ petition, I find the conduct of the college authority, that too a government college, utterly insensitive and callous. An educational institution, being a seat of learning, and in the instant case, imparting higher education, ought to inherently understand the significance of the noble work they have been entrusted with. Instead of taking effecting steps to ensure that the conditions as required to be fulfilled in terms of Universitys letter dated 5th September, 2007 were complied with all that has been said, appears from the contents of the letter reproduced hereinabove, written by the Principal, Bethune College. Also of concern is the attitude of the senior officials of the Higher Education Department which also includes the Director of Public Instruction, being the respondent No. 4. (10). WHAT has happened in the facts of the instant case is a matter of concern to this Court. Also of concern is the attitude of the senior officials of the Higher Education Department which also includes the Director of Public Instruction, being the respondent No. 4. (10). WHAT has happened in the facts of the instant case is a matter of concern to this Court. The concerned Government department and the college authority has not able to fulfill the conditions as required by the university, for which reason they have decided to suddenly cancel admission to M.A. Course in English at Bethune College for the academic session 2007-08. What is of more concern is the last line of the letter which has been reproduced hereinabove, wherefrom it appears that the Principal of bethune College had sincerely regretted inconvenience caused to Calcutta university in the matter. Ironically, nothing was mentioned about the fate of the students seeking admission to the M.A. Course in English, who had already secured their place in the merit list published by the college authority. (11). IN the facts and circumstances of the instant case, I direct the respondent No. 4 and the Vice-Chancellor of the University of Calcutta to forthwith hold a meeting, if required in the presence of other higher officials of the State of West Bengal and resolve the impasse to ensure that fate of the students are not further jeopardised. All respondent authorities shall, for once, give focus and attention to the students, more than anything else, and the fate of these students shall be of paramount consideration and nothing else. (12). THE respondent No. 4 and the Vice-Chancellor of the Calcutta university shall complete this exercise within a period of three weeks from the date of communication of this order and shall not, for any reason whatsoever, delay in taking a decision with regard to the fate of these students, who have secured admission to M. A. Course in English at Bethune college for the academic session 2007-08. (13). WITH the above observation the writ application is disposed of. (14). THERE shall be no order as to costs. (15). URGENT certified copy of this order be supplied to the parties, if applied for, subject to compliance with all requisite formalities. Application disposed of.