Need for advice on how to approach
aryamitra mondal
(Querist) 14 October 2012
This query is : Resolved
i am a law student and need to write a paper on the folloeing problem.please help me out.
Ennio Morricone Educational Society (EMES) was registered in December 2005 under the Societies Registration Act, 1860. The Bye-laws of EMES, inter alia, provided that the primary objective of the EMES is “to administer and run a Law University of eminence and excellence in West Bengal.” It further obliged the Ministry of Law, Government of State of West Bengal to provide to EMES an annual financial grant amounting to 50% of the annual budget of EMES or Rs 50 Lakhs whichever is lesser. Further, the Bye-laws specified that the Secretary, Ministry of Law, Government of State of West Bengal shall be an ex-officio member of the Executive Council of the Society. These Byelaws also stipulated that the Chairman of the Society could be impeached through a motion supported by two-third of the total number of members of the Executive Council and with the approval of the Minister of Law, Government of State of West Bengal. The Bye-Laws also provided for the procedure for selection of the Vice-Chancellor of the University to be set-up by EMES and the minimum qualifications for such office – that he or she must have at least 10 years of experience as a Dean/Director/Principal/Vice-Chancellor of a Law College and at least 5 publications in international law journals.
In May 2006, the EMES established the Ennio Morricone University of Law (EMUL), Beliaghata. The Bar Council of India granted recognition to the University in December 2006 and the University Grants Council accorded its recognition in January 2007.
Mr. Veereshwar Kumar Singh was appointed as the Vice-Chancellor of EMUL for a term of 5 years starting from January 1 2007. At the end of his term, EMES appointed in his post, Mr. Bhoda Ganguly. Mr. Ganguly was the Registrar of Ultadanga Bidhi College and had no record of any publication whatsoever in any international legal journal.
Ramadhir Singh, a resident of Amar Colony, New Delhi and the current Vice-Chancellor of Lovely Law University, Gurgawa had also applied for the post of the Vice-Chancellor of EMUL. Ramadhir had been the Vice-Chancellor of the Lovely Law University since December 6, 1992 and had published prolifically in national and international journals with more than 10 books and 100 articles to his name. Through a Right to Information application, he found out that the new Vice-Chancellor of EMUL, Mr. Bhoda Ganguly lacks the minimum qualifications prescribed under the EMES Byelaws.
He wants to know from you whether he can approach the Supreme Court or the Calcutta High Court to challenge the appointment of Mr. Bhoda Ganguly. Please advise Ramadhir Singh on these queries.
Arun Kumar Bhagat
(Expert) 15 October 2012
Under Article 226 , writ can be filed in High Court.
