AIR 1981 CALCUTTA 225

Calcutta High Court

Hon'ble Judge(s): Pradyot Kumar Banerjee, M. K. Mukherjee , JJ

(A) Calcutta University (Temporary Supersession) Act (7 of 1978) , S.4(f)— Chancellor under S.9 (6) of 1966 Act correcting age in Matriculation Certificate. - Not open to review by Council. Civil Revn. No. 6560 (W) of 1978, D/- 18-12-1979 (Cal), Reversed. Calcutta University Act (2 of 1966) , S.9(6), S.20(3)— The effect of S.4(f) is that the power of the Vice-Chancellor u/S.9 of the Calcutta University Act, 1966, including sub-s.(6) thereof remain unaffected while the provisions of the 1966 Act so far as they were inconsistent with the provisions of the 1978 Act stood modified. Since by the 1978 Act, the Senate and the Syndicate ceased to operate as two separate authorities, and in fact ceased to exist both being replaced by the Council, S.20(3) of the 1966 Act can have no manner of application so long as the 1978 Act is in force. This interpretation may create difficulties in the administration of the University as the Council will have no authority of review in respect of any action of the Vice-Chancellor but as the @page-Cal226 law now stands no other interpretation is possible. It must, therefore, be held that the Council has no power to review the order of the Vice-Chancellor correcting the age in the Matriculation Certificate passed u/S.9(6) of the 1966 Act. Even if the order may be bad, still then the Counc....