Bombay High Court
Nagpur Parsi Panchayat vs Nagpur University Nag.Thr.Its ... on 21 December, 2017
Bench: B.P. Dharmadhikari
1 WP.2641.02
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2641 OF 2002.
Nagpur Parsi Panchayat,
Near Parsi Agyari, Opposite
Gandhi Sagar, Mahal, Nagpur. ..... PETITIONER.
....Versus....
1] Nagpur University, Nagpur,
through its Registrar,
2] Vice-Chancellor, Nagpur
University, Nagpur. ...... RESPONDENTS.
Mr. Deshpande, Advocate h/f Mr. Anand Parchure, Advocate for
petitioner.
Mr. P.B. Patil, Advocate for respondent nos. 1 & 2.
CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA S. JOSHI, JJ.
DATED : DECEMBER 21, 2017.
B.P. DHARMADHIKARI
ORAL JUDGMENT (PER , J.)
1] The question involved in the petition is whether respondent
no.1 Nagpur University can name part of building already standing
and named in memory of Jamshedbhai N. Tata way back in 1924-25.
Effort is to name Convocation Hall situated in that building after late
Shri W.M. @ Dadasaheb Kalmegh, who happened to be a Vice-
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Chancellor of respondent no.1 University. Respondent no.2 before
us is Vice-Chancellor of Nagpur University.
2] Mr. Deshpande, learned Advocate holding on behalf of Mr.
Anand Parchure, learned Advocate for petitioner, submits that
accepting conditions proposed by the members of Tata family, the
Executive Council has on 25 & 26.7.1924 named building after Shri
J.N. Tata and accordingly, marble plate is already put upon it on one
side. Said building, therefore, now cannot be identified in any other
name as it would be against the resolution of Executive Council
mentioned supra and in any case, it will lead to confusion as in that
event, very same building would be known in two different names.
3] Mr. P.B. Patil, learned Advocate for respondent nos. 1 & 2,
on the other hand, submits that name of building is not being changed
and a Hall situated therein which forms part of that building is being
named after Shri Kalmegh, the ex-Vice-Chancellor. He has taken us
through relevant parts of reply including paragraph nos. 4, 5 & 6. He
states that Meeting Hall in which meetings of Executive Committee
are being held and situated within same building is already named
after academician and in-charge Vice-Chancellor Shri Jal P. Gimi
after resolution of Management Council. He further states that in this
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situation, grievance of present nature as made is erroneous and
misconceived.
4] In reply arguments, minutes from speech of Sir Bipin
Krishna Bose, Vice-Chancellor of Nagpur University at the Opening
Ceremony of University on 8.1.1927 are read out by Shri Deshpande.
He submits that there also this fact finds mention.
5] The record shows that Nagpur University then has
collected donations from various sources. The sources disclosed
are :
"(1) Grants from the Local Government :-
(a) For the Convocation Hall ... Rs. 1,00,000/-
(b) For the Library Building ... Rs. 65,000/-
(2) By the Municipal Committees ... Rs. 8,505/-
(3) By District Councils ... Rs. 10,225/-
(4) Contributions by Estates under
Court of Wards ... Rs. 13,600/-
(5) Through M/s. Tata & Sons ... Rs. 1,00,000/-
(6) Shri Raobahadur N.K. Kelkar ... Rs. 7,081/-
(7) The amounts received directly
from various individuals. ... Rs. 39,876/14
____________
Rs.3,44,290/14
==========="
4 WP.2641.02
6] However, condition put in by members of Tata family and
its acceptance by Executive Council on 25th & 26th July, 1924 is not in
dispute. Thus, donation of Rs. One Lakh was then accepted by
University by agreeing to honour wishes of donors. Accordingly, a
marble tablet has been placed on one side of the building which
reads : "Nagpur University Jamshedji Nusserwanjee Tata Building"
with year "1925-26" inscribed on it. Thus, entire building is already
named after Jamshedji Tata.
7] The small hall located inside the building used for
conducting Management or Executive Council meetings has been
named after another Parsi academician Shri Jal P. Gimi. This hall or
room which is inside this building is not frequented by general public
and the public or students are not mostly concerned with it. However,
the larger hall occupying most of ground floor of the building is now
sought to be named after Vice Chancellor Shri Kalmegh. The
photograph on record shows that the placard showing name of Shri
Tata on right hand side of a pillar and then another pillar on its left
hand side between these two pillars is entrance to that Convocation
Hall. The Convocation Hall is to be used for various purposes
including social meetings which are attended not only by students but
also by others. Thus, naming of a hall in the building which is its
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prominent part in some other name is objected to by petitioners.
8] When donors proposed a condition and offered donation,
they envisaged entire building to be standing in the name of Shri
Jamshedji Tata only. The question whether they would have or could
have then permitted to name a hall to be visited by general public and
used for major function like convocation in name of some other
person, therefore, cannot arise. Definitely at that juncture such a
condition would not have been accepted by them.
9] In this situation, merely because a small room used for
meeting located inside the building and visited by Executive
Committee or Managing Committee members is named after an
academician, that by itself does not militate with the wish of donors.
10] As rightly pointed out by petitioners, University has got
some other buildings and structures which they can name entirely
after Shri Kalmegh. We, therefore, find that effort being made by
respondents to name part of building after Shri Kalmegh militates
against desire of donor.
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11] Accordingly, we make rule absolute in terms of prayer
clause (1) and allow the petition. No costs.
JUDGE. JUDGE.
J.
