Dinabandhu Mondal & ORS v. The Jadavpur University & ORS

WPA 20472 of 2015 With CAN 1 of 2023 Dinabindhu Mondal & Ors.

Vs.

23-02-2023 AKG Ct. 238 The Jadavpur University & Ors.

Mr. Indrajeet Dasgupta, Mr. Saptyak Sanyal, Ms. Rima Biswas, Ms. Puspita Bhowmick ...for the Petitioners Mr. Soumya Majumdar, Ms. Sanjukta Dutta ...for Jadavpur University This writ petition was filed in the year 2015 at the instance of some of the trustees of a public charitable trust namely, Kumar Pramatha Nath Roy Public Charitable Trust.

During the pendency of the writ petition, petitioner nos. 5 and 6 passed away and petitioner nos. 1 and 2 resigned from their trusteeship.

It is submitted by Mr. Indrajeet Dasgupta, learned advocate appearing for the petitioners that new trustees should be added as parties in this case.

Mr. Dasgupta submits that the trust in question by a registered deed dated November 30, 1956 donated certain lands to Jadavpur University. As a condition of such donation, the university agreed to provide total two seats in the four engineering streams in favour of the candidates nominated by the trust.

Mr. Dasgupta also submits that the said nomination was subject to certain conditions. Later, the university introduced additional conditions which rendered it impossible for the trust to recommend any students.

Challenging imposition of the additional conditions, this present writ petition was filed. The prayer made in this writ petition was confined to the academic session of 2015-2016.

Mr. Dasgupta, however, submits that following an order dated September 23, 2015 passed in this writ petition, the university passed an order dated November 20, 2015, whereby the university agreed to frame regulations for admission of students in terms of the deed dated November 30, 1956, for admission of students under the trust quota.

Mr. Dasgupta submits that despite taking such decision, the university has subsequently altogether abolished the quota. As on date, the university is not accepting any students on the recommendation of the said trust.

Having regard to the prayers of the writ petition, I am of the view that the cause of action of the writ petition no longer exists as it was limited to the academic session of 2015-2016.

I do not find any justification to keep this writ petition pending. I, however, grant liberty to the

petitioners to file a fresh writ petition seeking student quota for the trust from the University following the order dated November 20, 2015.

WPA 20472 of 2015 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)