Calcutta High Court observed that Vishva-Bharati authorities reserve the right and privilege to build and develop any structure on its premises. However, if any dispute arises, the court observed, the varsity should settle the issue by having conversations with the state administration. The court made the observation while discarding a PIL filed by advocate Ramprasad Sarkar related to the construction of a controversial boundary wall on the varsity’s Poushmela ground in Santiniketan.

Background

Rabindranath Tagore had established Visva-Bharati in 1921. Tagore had grasped that classrooms were like prisons. So, he decided that, the closer the students were to nature, more they would learn of the environment around them and about nature on an overall basis. He himself took classes in the open air, a methodology that is followed even to this day. Hence, as per the requirement of the idea of the university, there is no boundary wall at Visva-Bharati. The grounds where the Poush-Mela is held every year is thus as much a part of the college as it is of the town.

A 1971 stamp was devoted to the 50th commemoration of Visva-Bharati University, and included Rabindranath Tagore and the college building pics on it.

NGT order

In 2015, the eastern seat of the National Green Tribunal (NGT) had pulled up Visva-Bharati authorities and said that the year’s Poush-Mela had violated its guidelines.  In 2019, the NGT had additionally expressed that celebrations should be finished in three or four days.

In a public statement, the college authorities have cited a decision by NGT  dated November 1, 2017, to legitimize the Wall.

However, local people say that while the NGT had requested that the college “separate” the area of the Poushmela, there was no notice of setting up a lasting Construction as such.

Formation of committee to resolve the issue

The Calcutta High Court on September 18 formed a four-member committee, which included two of its sitting judges, to find out available resources for appropriate resolution of issues related to Visva-Bharati which had witnessed violence over the Construction of the boundary wall. The bench additionally stated that there will be no construction activity or demolition, modifications or evacuation of any structure in any part of the land having a place with Visva-Bharati or over which it has claims, except with the permission of the committee.

After visiting the ground where the century-old fair is held, the committee-group directed a two-hour-long meeting in which authorities of the college and the district administration were available, a source in the foundation said. Vice-Chancellor Bidyut Chakraborty, District incharge Moumita Godara and Superintendent of Police Shyam Singh attended the meeting. It was concluded that Visva-Bharati authority and district administration would cooperate to figure out any issue amicably through conversation and sharing of data, maintaining the dignity and sanctity of the Institution of National Importance established by Gurudev Rabindranath Tagore, the college said in an assertion.

The division bench headed by Chief Justice T.B.N. Radhakrishnan noticed: “If any dispute emerges on any demonstration of (the) college, the authorities concerned can undoubtedly settle the issue after a conversation with the state administration. There is no compelling reason to ruin the hour of the judiciary by filing PILs over the issue.”

The court’s observation comes in the wake of a committee-report filed as a result of a conflict over the wall last July.

The latest high court observation was passed on the basis of the report. During the meeting, Chief Justice Radhakrishnan commented: “What is the need of the government, if the judiciary has to settle the dispute. Such disputes ought to be settled by sitting with the state authorities.”