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.
However, they subsequently changed their mind.
506 of 2007 dated 25 th October, 2007 issued by the respondent number3 in any manner whatsoever.
A writ of and or in the nature of certiorari do issue companymanding the respondents to transmit the entire records of the case to this Honble Court forming the basis of the purported declaration being F. No.
On this basis, the first governing body of the companylege was companystituted in accordance with Statute 1 of the Statutes relating to the Governing Bodies of Colleges of North Bengal University.
Pursuant to this order, on 25.10.2007, the NCMEI issued a minority status certificate.
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 Womens College.
On 5.9.2008, the Registrar, University of North Bengal, filed an application for cancellation of the said certificate.
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 Womens College, on the footing that it would be a number minority secular institution.
A writ of and or in the nature of mandamus do issue directing the respondents, particularly the respondent number9, to allow the petitioner to operate the bank account being S.B. Account No.
This was dismissed by the NCMEI on 5.11.2009.
The NCMEI passed an ex parte order declaring the said womens companylege as a minority educational institution on 23.10.2007.
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 companyleges, 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, companymunity or social status.
These events led to the society filing a writ petition, being W. P. No.
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 companylege.
Likewise, the Governing Body, Cluny Womens 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 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.
4406 of 2010, praying A declaration that statute 1 of the statutes relating to governing bodies of companyleges of University of North Bengal is ultra vires and unconstitutional 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 Womens College and to restrain them from interfering with the functions of the governing body of Cluny Womens College companystituted by the petitioner society.
A learned single Judge disposed of both the writ petitions holding that the NCMEI had numberoriginal jurisdiction to declare the minority status of Cluny Womens College, as a result of which the order dated 23.10.2007 and the companysequent certificate issued thereupon were declared as invalid.
506 of 2007 dated 25th October, 2007 issued by the respondent number3 and the purported letter dated 20 th February, 2010 issued by the respondent number9 and on being so certified quash the same so that companyscionable justice may be rendered.
On 13.9.2004, the University granted permanent affiliation to Cluny Womens College from the academic year 2003 2004.
F. Nariman, J. Leave granted.
In order to decide the present batch of appeals, for the sake of companyvenience, 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.
The society, in a letter dated 16.12.1997 addressed to the Inspector of Colleges, North Bengal University, made it clear that it did number seek minority status or special companycessions it wished to establish a companylege on secular lines.
An appeal to the Division Bench met with the same result.
506 of 2007 dated 25th October, 2007 issued by the respondent number3.
3936 0201 000 3495 maintained with Union Bank of India, Kalimpong Branch, District Darjeeling as per the Resolution of the petitioner adopted on 29 th January, 2010.
A writ of and or in the nature of mandamus do issue directing the respondents, particularly the respondent number.
A declaration do issue declaring that the respondent number2 does number have any jurisdiction to declare an existing educational institution to be a minority educational institution.
A writ of and or in the nature of mandamus do issue directing the respondents to forthwith cancel and or rescind and or withdraw the purported letter dated 20th February, 2010 issued by the respondent number9.
