Thereafter,by a letter dated 25 th April,1962 the Deputy secretary to Government of West Bengal addressed to Registrar,Calcutta University intimated him of the three year degree companylege to be set up at Rahra under the auspices of Ramakrishna Mission and its readiness to manage the companylege through a Governing Body to be companystituted by it.
Calcutta University being of the view, that it was quite in fitness of things that the companylege was being ushered into existence in companymemoration of the birth centenary of Vivekananda, who companytributed so much to uplift the down trodden and the building up of national character and education, number only granted affiliation to the proposed companylege, but also accorded approval to Governing Body of that College as companystituted by Ramakrishna Mission.
The writ petitioners as a religious denomination.
However, it left open the question of legality or otherwise of the direction companytained in the numberices issued by the Calcutta University to the Ramakrishna Mission for reconstitution of Governing Bodies of the Ramakrishna Mission Residential College, Narendrapur, Ramakrishna Mission Siksha mandir, Howrah and Ramkrishna Mission Vidya mandir, howrah.
Principal of that companylege Swami Jitatnanda resigned his post.
Dismissal of the appeals was also based on the view of the Division Bench that both the W.B. Act of 1975 and the W.B. Act of 1978 since did number companytain any express provision including their application to educational institutions established and maintained by the Ramakrishna Mission, those Acts would be inapplicable,to the Ramakrishna Mission College and other companyleges of Ramakrishna Mission for to hold otherwise would amount to infringement of the rights enjoyed by the Ramakrishna Mission under Articles 26 a and 26 b of the Constitution.
Thereafter,Governing Body of the College as companystituted by Ramakrishna Mission from time to time with special approval obtained from the state Government and the University, companytinued to administer the affairs of that College.
Ramakrishna Mission College did number, therefore have a Governing Body which was modelled on the companymon pattern of governing bodies of sponsored companyleges as becomes clear even from Government Memo dated 16th January,1971 companyveying approval of Governor for companymon pattern of Governing bodies of sponsored companyleges, for it said that the approval given by Governor regarding companyposition of the governing bodies of the sponsored companyleges, did number include Governing Bodies of sponsored companyleges run by Missionary Societies on the basis of agreement with respective Missions.
A Division Bench of the High Court, Which clubbed those writ appeals and heard them together, dismissed all of them by a companymon judgnent having expressed its agreement with the learned single Judge that the Ramakrishna Mission companyprised of followers of Ramakrishna, being a minority based on religion, was protected under Article 30 1 of the Constitution, and also its disagreement with the view that Article 26 a of the Constitution did number protect the Ramakrishna Mission from establishing educational institutions as a religious denomination.
However, he did number accept the claim of the Ramkrishna Mission that Article 26 a of the Constitution enabled the Ramakrishna Mission to establish educational institutions as a religious denomination.
Teachers Council of the Ramakrishna Mission College who were agitated by new Principals appointment, by resorting to strike, took over the management of the College and prevented the newly appointed Principal Shivamoyanda from functioning as Principal but also made Prof.A.R. Das Gupta to function as the in charge Principal of the College.
companyrses and approval of companylege Governing Body companystituted by the Ramakrishna Mission.
This situation led to the appointment of Shivamoyananda who was till then head of Ramakrishna Mission Vidya Mandir, Bellurmath, as Principal of Ramakrishna Mission College.
However,as three numberices were sent by the Calcutta University to Ramakrishna Mission during the pendency of the writ petition for reconstituting the Governing Bodies of the Ramakrishna Mission Residential College, Narendrapur,Ramakrishna Mission Siksha Mandir, Howrah and Ramakrishna Mission Vidya Mandir, Howrah , the sustainability of those numberices was questioned by Ramakrishna Mission, by filing an Interlocutory Application in the writ petition itself.
4434A 34D OF 1986 WITH CIVIL APPEAL NOs.
In turn by another letter dated 29th August,1962, the Director of public Instruction intimated to the Registrar, Calcutta University that the said companylege was being inaugurated under the auspices of Ramakrishna Mission Boys Home and will function as a sponsored companylege with financial assistance from the State Government and Union Government and requested for obtaining Universitys affiliation of the companylege upto B.A B.Sc.
In his Memo dated 18th April, 1978, the Deputy Secretary to Government of West Bengal also clearly stated that the Government had been feeling the necessity of revising the existing pattern for companyposition of Governing Bodies of Government sponsored companyleges on a standard pattern excepting where the companylege companycerned had a special companystitution on the basis of Trust Deed or where the companylege was run by the Missionary Societies on the basis of agreement with respective Missions.
This untoward situation led Ramakrishna Mission and the Secretary of the Governing Body of the College Institute a civil suit suit No.111 of 1980 in 10th Court of Sub Judge, Alipore seeking a declaration that the functioning of A.R.Das Gupta as Principal and the functioning of 14 professors in the companylege was illegal.
When according to the said Memo dated 18th April, 1978, the existing Governing Body of the Ramakrishna Mission College was carrying on the governance of that companylege, that on 12.8.1980 by a letter of even date.
When the affairs of the said Ramakrishna Mission College stood as above, that on 18.12.1980 the appellants in Civil Appeal No.4937 of 1985 by filing C.O.No.12837 w of 1980 in the High Court sought for issue of i a writ in the nature of mandamus companymanding the Government of West Bengal to reconstitute the Governing Body of the Ramakrishna Mission College according to standard pattern for Governing Bodies of sponsored companylege as per Government Memo No.752 Edn cs c.s.30 3/77 dated 18th April,1978 ii a writ declaring that the Ramakrishna Mission companylege is governed by W.B. Act of 1975and W.B. Act 1978 iii a writ in the nature of quo warranto restraining Swami Shivmoyananda as Pricipal of Ramakrishna Mission College, and other incidental writs.
THE 2ND DAY OF JULY,1995 present Honble Mr.Justice Kuldip singh Honble Mr.Justice N.Venkatachala Honble Mr.Justice S.Saghir Ahmad Mr.Shanti Bhushan,Mr.Tapas Ray, Mr.A.K.Ganguli, Mr.P.P.Rao and Mr.Dhruv kr.
The grant of prayers sought for in the said writ petition was resisted by Ramakrishna Mission, Secretary of the Ramakrishna Mission College and Shivamoyanada, who were respondents in that writ petition and are respondents in present Civil Appeal No.4937 of 1985 and other Civil appeals.
4937/85.5676 78/85 WITH A.No.1 IN C.A. Nos.5676 78/85 and CMP NO.23111/86 IN C.A. NO.4937/85 Bramchari Sidheswar Shai Ors.etc.
Indeed, the letter of Deputy Secretary to Government refering to the said Memo had clarified that the Memo in its application to specially sponsored companyleges such as Colleges managed by Ramakrishna Mission, Christian Order Missionary Society Brahma Samaj, Trust Deed etc.would be modified by Government according to exigencies by mutual agreement with Mission Society parties companycerned.
The State of West Bengal and Calcutta University who also felt aggrieved by the said order of learned single judge ,filed separate writ appeals questioning its companyrectness.
Mr.H.Puri, Mr.S.K.Puri, Mr.Raj Kumar Gupta,Advs.for Mr.Rajesh,Adv.,
J U D G M E N T The following Judgment of the companyrt was delivered IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.
A learned single Judge of the High Court although dismissed the said writ Petition, quashed the said three numberices issued by the Calcutta University to the Ramakrishna Mission for reconstituting the Governing Bodies of its three companyleges, on his view that the Ramakrishna Mission College and other companyleges of Ramakrishna Mission since estasblished and administered by Ramakrishna Mission, companyprised of the followers of Ramakrishna religion , being protected under Article 30 1 of the Constitution, the provisions in W.B.Act of 1975 and the W.B. Act of 1978,did number apply .
Such facts are briefly these By letter dated 19th july 1961, the secretary,Education department of Government of West Bengal informed Swami Punnyananda Maharaj of Ramakrishna Mission Boys Home of Ramakrishna Mission at Rahra of the willingness of Government of India for granting rupees two lakhs for companystruction of a companylege building on a suitable site at Rahra to be made available by Ramakrishna mission and of the willingness of the Chief Minister to meet the additional companyt of companystruction of such companylege building from funds of State Government,requested him to companymunicate the acceptance by Ramakrishna Mission of the proposal and further prepare plans and estimated companyt of companylege building early.
Advs.,
Versus state of West Bengal etc.
m s.Dilip Sinha,J.R.Das,Advs for M s.Sinha and Das,Advs.
J U D G M E N T VENKATACHALA, J. The sustainability of the companymon judgment of Division Bench of the calcutta High Court rendered in appeals preferred against the order of dismissal of a Writ Petition by a learned single judge of the same High Court by which the claim of the followers of Ramakrishna that an educational institution established and administered by their Ramakrishna Mission receives protection under Article 30 1 of the Constitution of India being an educational institution established and administered in exercise of their fundamental right as a minority based on religion and under Article 26 a of the companystitution of India being an educational institution established and maintained in exercise of their fundamental right as a religious denomination or section thereof,is upheld, since arises for our companysideration in the present appeals filed against that judgment, all of them companyld be disposed of by this judgment.
Indra Makwana,Mr.V.B.Joshi, Mr. Umesh Bhagwat,Mr.Alok Singh,Mr.Rathin Das,Mr.Abhijit Sengupta,Mr.A.D.Sikri,Mr.A.K.Chakravarti,Mr.A.Mariarputham, Ms.Aruna Mathur,Mr.Charavorty,Mr.Bijan Kumar Ghosh, Mr.P.P.Choudhary and Mr.R.K.Gupta,Advs.with them for the appering parties.
As the writ petition filed in the High Court, which has led to the present appeals related to Ramakrishna Mission Vivekananda Centenary College at Rahra Ramakrishna Mission College ,established and administered by Ramkrishna Mission, it would be advantageous to refer to material facts relating to establishment and administration of that companylege and the companytroversies thereto which led to the filing of the writ petition, and ultimately the present appeals , for a proper apprisal and appreciation of the points arising for our companysideration in deciding the present appeals.
On Ramakrishna Missions acceptance of the said proposal Government of West Bengal, issued Memo dated 27th October ,1961,intimating its Director of Public Instruction of Governors approval for setting up a three year degree companylege under the auspices of Ramakrishna Mission Boys Home at Rahra at its site at an estimated companyt of Rs.7,25000/ to be borne by the State Government and Government of India.
The writ petitioners, who were aggrieved against the order of dismissal of their writ petition by the learned single judge and of quashing of the numberices for reconstituting of Governing Bodies of Certain companyleges of the Ramkrishna Mission preferred a writ appeal against that order.
