RAJIV KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Short question that requires consideration in this case is as to whether the expression ''the said constitution' occurring in Clause 13.05 (e) of First Statutes of Meerut University requires prior permission of Vice-Chancellor before incorporating any change in the constitution of management of every college or is it restricted to Clause 13.05 (a) to (d) alone? Learned Senior Counsels for the rival parties submit that above being a pure question of law can be decided by this Court without formally calling of counter affidavit.

(2.) Kisan Degree College, Simbhaoli, (hereinafter referred to as the ''College') is college affiliated to Chaudhary Charan Singh University, Meerut (hereinafter referred to as the ''University). The University is regulated by the provisions of Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as the ''Act of 1973'). Section 2(13) of the Act of 1973 defines management in following terms:-

(3.) Management of College is regulated by ''Bye-laws of Kisan Degree College, Simbhaoli' (hereinafter referred to as the ''bye-laws'). Clause 4 of the bye-laws defines committee of management in following terms:-