Calcutta High Court (Appellete Side)
Society And Another vs The State Of West Bengal And Others on 15 December, 2023
Author: Kausik Chanda
Bench: Kausik Chanda
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IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Kausik Chanda
W.P.A. No.15859 of 2023
CALCUTTA INSTITUTE OF ENGINEERING AND MANAGEMENT
SOCIETY AND ANOTHER
-VERSUS-
THE STATE OF WEST BENGAL AND OTHERS
For the petitioners : Mr. Abhratosh Majumdar, Adv.,
Mr. Nilotpal Chatterjee, Adv.,
Mr. Samim Ahammed, Adv.,
Mr. Arka Maiti, Adv.,
Ms. Gulsanwara Parvin, Adv.
For the State : Mr. Santanu Kr. Mitra, Adv.,
Mr. Amartya Pal, Adv.
For the University : Ms. Nandini Mitra, Adv.,
Mr. Sakya Maity, Adv.
Hearing concluded on : 28.08.2023
Judgment on : 15.12.2023
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Kausik Chanda, J.:-
The petitioners have challenged a communication dated June 22,
2023, issued by the Inspector of Colleges of Maulana Abul Kalam Azad
University of Technology, West Bengal (hereinafter referred to as "the
University). By the said letter, the petitioners were apprised that the
University, following a hearing held on June 13, 2023, had recommended
for non-renewal of affiliation of the College run by the petitioners, namely
Calcutta Institute of Science and Management (College Code-299) from
academic year 2023-2024.
2. The pertinent antecedents leading to the order impugned in this case
transpired as outlined below.
3. On April 30, 2002, the State granted a lease in respect of a land
measuring about 5.08 acres in favour of the petitioners, following their
application for setting up a Degree Engineering college.
4. Clause 12 of the said lease deed, inter alia, provided that the lessee
would not permit any other person to use the demised land or any part
thereof for a purpose other than the one for which it was leased.
5. In the year 2003, the University accorded affiliation to the petitioners'
College namely Calcutta Institute of Engineering and Management for
conducting three-year Bachelor of Business Administration and three-year
Bachelor of Computer Application courses. The University also granted
affiliation to the said College for Engineering courses based on the approval
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of the All India Council of Technical Education (hereinafter referred to as
"AICTE"). The University also accorded affiliation to the College for
conducting a Master in Business Administration course.
6. The University allotted separate codes, namely College Code-165 for
conducting AICTE courses and College Code-299 for non-AICTE courses.
By a letter dated March 17, 2022, the University directed the petitioners to
change the analogous name/ nomenclature of non-AICTE College in order
to avoid confusion amongst the stakeholders, following which the
petitioners adopted a resolution that the name of non-AICTE College would
be "Calcutta Institute of Science and Management" and informed the
University accordingly. It is also important to note that the University
accorded affiliation for the academic year 2022-2023 in favour of said
Calcutta Institute of Science and Management for conducting the courses
like Bachelor of Business Analytics, Bachelor of Computer Application,
B.Sc. in Date Science and B.Sc in Medical Lab Technology.
7. By the impugned letter dated June 22, 2023, the Inspector of
Colleges of the University informed the petitioners that on the basis of a
complaint received from the Chairman, Board of Governors, Calcutta
Institute of Engineering and Management that the non-AICTE College,
namely Calcutta Institute of Science and Management (College Code-299)
has been established in gross violation of the use of land as given in the
Government lease deed executed on April 30, 2022. A "non-admission"
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status was imposed on the College from the academic year 2023-24 till
such time the very purpose of the lease deed was amended by the State.
8. Appearing for the petitioner, Mr. Abhratosh Majumdar, learned
senior advocate, has submitted that in the year 2003, the University
recognised both AICTE College and non-AICTE College with full knowledge
of the terms and conditions of the lease deed and allotted two distinct and
separate College code. For approximately two decades, the University
allowed the petitioners to operate both AICTE and non-AICTE College on
the leasehold land. The University is, therefore, precluded from questioning
the authority of the petitioners to run a non-AICTE College on the leasehold
land after nearly about twenty years. Mr. Majumdar has argued that the
action of the University implies active assent. By placing reliance upon a
judgment reported at (2022) 2 SCC 301 (Chairman, State Bank of India
v. M.J. James), it has been argued that the University has waived its right
to raise the issue of violation of conditions of the lease deed. It has been
further submitted by Mr. Majumdar that the alleged violation of the terms
of the lease deed could not have formed the basis for refusing renewal of
affiliation.
9. Ms. Nandini Mitra, learned advocate appearing on behalf of
respondent nos.2,3 and 4, on the other hand, has submitted that the
preamble of the lease deed dated April 30, 2002 unequivocally indicates
that the petitioners had applied for the lease to set up a Degree Engineering
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College on the said land and not for any other purpose. Imposing "no
admission status" is not punitive in nature as the University is willing to
withdraw the status, the moment, the petitioners get the condition of the
lease changed by the State to run a non-AICTE College on the relevant
land.
10. Ms. Mitra has argued that the letter of renewal granted for the
academic year 2023-2024 explicitly stated that "the institution shall not
conduct any non-technical courses in the same premises/campus under
any circumstances. In case a violation is detected, appropriate penal action
including withdrawal of affiliation may be initiated against the institution."
The University is well within its right to invoke "non-admission status" to
non-AICTE College till such time the conditions of the lease are altered by
the lessor. Ms. Mitra has further argued that in the instant case, the
complaint of violation of the lease has come from the Chairman, Board of
Governors, the lessee, and the University has merely acted on the basis of
the complaint received. In the instant case, renewal of affiliation is granted
from year to year. Therefore, this is a case where violation of the terms of
the lease is continuing from year to year. Ms. Mitra has submitted that an
illegality cannot be allowed to perpetuate, by placing reliance upon a
judgment reported at (2013) 14 SCC 81 (Basak Raj v. Special Land
Acquisition Officer).
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11. The decision of the University to impose non-admission status and
not to renew the affiliation of the College, namely Calcutta Institute of
Science and Management cannot be sustained. In my view, the University
is clearly estopped from raising the issue of violation of clause 12 of the
relevant lease deed.
12. Estoppel is a legal principle that prevents a party from asserting a
fact or a right or from taking a particular position, if their previous actions
or statements contradict that assertion. It is a way to prevent unfairness or
injustice in legal proceedings by discouraging inconsistencies.
13. The relevant part of the lease deed dated April 30, 2002, is quoted
below:
"12.The Lessee shall not use nor permit any other
persons to use the demised land or any part
thereof for a purpose other than that for which
it is leased or in a manner which renders it
unfit for use for the purposes of the tenancy.
...
22.On breach or non-observance of any of the
foregoing covenants, terms or conditions
rendering the demised land unfit for use for
the purpose of the tenancy, the Lessee shall be
liable to ejectment in accordance with the
provisions of the law for the time being in
force, but without prejudice to any other right
or remedy of the Lessor that may have accrued
hereunder."
14. The aforesaid conditions of the lease deed unambiguously delineate
that only the State holds the prerogative to initiate ejectment proceedings
against the lessee in the event of breach or non-observance of the terms
and conditions of the lease deed. When the State did not assert any
violation with regard to the user of the land by the petitioners, the
University had no occasion to decline affiliation on the said ground.
15. The elucidated facts affirm that the University, since 2003, granted
affiliation to the non-AICTE College operated by the petitioners, with full
knowledge of the conditions of the lease deed as quoted above. At the
instance of the University, the petitioners changed the name of its non-
AICTE College to "Calcutta Institute of Science and Management."
16. The University raised no objection whatsoever with regard to the
violation of conditions of the lease deed and allowed the petitioners to run
the said non-AICTE college for about two decades. The petitioners could not
have run the non-AICTE college without the approval and consent of the
University. The University having the right to decline the affiliation, and
being fully aware of the terms of the lease deed, induced a reasonable belief
in the petitioners that the University has consented to operate the non-
AICTE College. The university has no right to question the running of non-
AICTE College nearly twenty years after its establishment premised on the
alleged violation of the conditions of the lease deed.
17. Accordingly, the decision of the University to impose "non-admission"
status for the academic year 2023-24 to the Calcutta Institute of
Management (College Code-299) is set aside. Consequently, the University
is directed to renew the affiliation of the non-AICTE College of the
petitioners for the year 2023-2024 in accordance with law.
18. Accordingly, W.P.A. No.15859 of 2023 is allowed.
19. Urgent certified website copies of this judgment, if applied for, be
supplied to the parties subject to compliance with all the requisite
formalities.
(Kausik Chanda, J.)
