Calcutta High Court (Appellete Side)Sisters Of St. Joseph Of Cluny & Anr vs State Of West Bengal & Ors on 26 April, 2010Author:Biswanath SomadderBench:Biswanath Somadder1

26. 4.2010.
   ap

                W.P. 4406 (W) of 2010.

              Sisters of St. Joseph of Cluny & Anr.
                                  Vs.
                   State of West Bengal & Ors.


                 Mrs. C. Mukherjee
                 Mr. Sandip Ghosh
                         ... For the petitioner.

                  Mr. Kishore Dutta
                  Mr. Indranil Roy
                  Mr. Arnab Mukherjee
                         ... For the respondent no.3.Mr. Tarun Roy, Sr. Advocate,
                  Mr. Subrata Banerjee
                            ... For the State.Mr. Asish Kumar Das
                           ... For the respondent no.2.with

                     W.P. 5002 (W) of 2010.Governing Body of Cluny
                     Women's College & Ors.Vs.
                   State of West Bengal & Ors.Mr. Kishore Dutta
                  Mr. Indranil Roy
                  Mr. Arnab Mukherjee
                            ... For the petitioners.Mrs. C. Mukherjee
                  Mr. Sandip Ghosh
                           ... For the respondent nos. 4-5.Mr. Tarun Roy, Sr. Advocate,
                  Dr. Sambuddha Chakraborti2Ms. Chhabi Chakraborty
                            ... For the State.Mr. Asish Kumar Das
                             ... For the respondent no.7.On the prayer of the learned advocate appearing on behalf of the State, let the

Director of Public Instructions, Government of West Bengal, be added as a respondent in

both the writ petitions. The learned advocates on record of the writ petitions are directed to

amend the cause-title of the two writ petitions accordingly.After hearing the learned advocates appearing on behalf of the parties and upon

perusing both the writ petitions, I am of the view that in the facts and circumstances these

matters cannot be disposed of finally, without exchange of affidavits.Accordingly, let affidavit in opposition be filed within a week after the summer

vacation. Reply, if any, within a fortnight thereafter.Let both the matters appear under the heading 'For Final Disposal' in the monthly

combined list of July.Purely by way of an interim arrangement, which shall subsist till 31st July, 2010, or

until further orders, whichever is earlier, the present Governing Body of Cluny Women's

College, shall continue to function along with one representative of the Sisters of St. Joseph

of Cluny.    So far as financial operations through the bank/banks are concerned, the

Governing Body of the College shall nominate two persons to operate all such bank

accounts, one of whom shall be the nominated member of the Sisters of St. Joseph of Cluny

in terms of this order. The Governing Body of the College shall ensure smooth functioning

of the College so that the students do not suffer.3In the affidavit in opposition to be filed by the State, the deponent shall specifically

state the stand of the State respondents in respect of the order dated 5th November, 2009,

passed by the National Commission For Minority Educational Institutions, Government of

India, in Case No. 506 of 2007, whereby the National Commission, inter alia, rejected the

contention of the Registrar, University of North Bengal regarding cancellation of minority

status certificate granted to the College and proceeded to confirm the earlier order passed

by the said Commission conferring minority status upon the College.Xerox plain copy of this order, duly countersigned by the Assistant Registrar

(Court), be given to the learned advocates for the parties on usual undertakings.(Biswanath Somadder, J.)45