1985 LAB. I. C. 1283 ::(1985) 89 Cal WN 533 ::(1985) 1 Cal HN 222

Calcutta High Court

Hon'ble Judge(s): M. M Dutt, Paritosh Kumar Mukherjee , JJ

(A) Constitution of India , Art.12— Expression "other authorities" under - College taken over by Govt. - Entire bulk of expenditure borne by Govt. - Govt. also framing rules for guidance of its sponsored college - Administration of college under Govts. direct supervision and control - College fell within ambit of "other authorities" under Article 12. (West Bengal Universities (Control of Expenditure) Act (17 of 1976) , Sec.3(1), Cl.12)— A college had been taken over by the government and was functioning under the direct care, control and supervision of the Govt. The entire bulk of the expenditure of the college was borne by the Govt. The Govt. paid the salaries and allowances of the members of the teaching and non-teaching staff. The governing body of the college functioned under the direct control of the Govt. The Govt. declared the college as a sponsored college. The Govt. also framed rules for the guidance of the sponsored college. The rules showed that it was the Govt. which was entitled to run the administration of the college under its direct control and supervision. Moreover, in one of the paragraphs of the affidavit filed by the college in reply to the petition, it was admitted that the college was an instrumentality or agency of the Govt. Held, that the college in question was an instrumentality or agency of the Govt. a....