CH. CHHOTU RAM COLLEGE MANAGING COMMITTEE, MUZAFFARNAGAR, THROUGH SRI VED PAL SINGH, SECRETARY OF THE COMMITTEE AND ANOTHER Vs. MEERUT UNIVERSITY, MEERUT AND OTHERS

JUDGEMENT

(1.) Chowdhary Chhotu Ram Degree College is an educational institution which imparts education to degree classes. It was affiliated to the Meerut University prior to the endorcement of the U. P. State Universities Act, 1973. The management of the College is carried on by a Registered Society. Now the management of the Degree College is run by the Committee of Management elected in accordance with the Constitution of the Society. The term of the Committee of Management was to expire in 1972 and election of fresh office hearers was to take place, but certain disputes arose relating to the election of office bearers. The Vice-Chancellor of the Meerut University made a reference to the Chancellor as a result of which the Chancellor issued the order dated 29-3-1972 in exercise of his powers under Statute 7.33 of the First Statutes of the Meerut University suspending the Committee of Management and appointing District Inspector of Schools as Administrator to run and manage the affairs of the College. Aggrieved the Managing Committee and Ved Pal Singh, its Secretary filed the present petition challenging the validity of the order of the Chancellor.

(2.) During the pendency of the petition the term of the Administrator expired and thereafter the petitioner filed an application in this Court stating therein that the District Inspector of Schools had no jurisdiction to act as an Administrator beyond one year from the date of assumption of his office. During the pendency of that application the petitioner was served with a notice dated 7-2-1974 from the State Government under Sec. 47 of the U.P. State Universities Act, 1973, calling upon the petitioners to show cause as to why action under Sec. 58 of the Act be not taken against them. Along with the show-cause notice the petitioners were further served with a copy of the order of the State Government dated 7-2-1974 issued under sub-sec. (2) of Sec. 58 of the Act suspending the Committee of Management pending enquiry in respect of matters mentioned in the show-cause notice. The petitioners thereupon got the writ petition amended with a prayer that the show-cause notice dated 7-2-1974 as well as the order of suspension issued by the State Government be quashed.

(3.) Learned counsel for the petitioner urged that there was no dispute with respect to the right claimed by different persons to be lawful office bearers of the Managing Committee of the Degree College and further it had not affected the smooth and orderly administration of the College, therefore, the State Government had no jurisdiction to issue show-cause notice. The averments contained in the petitioners supplementary affidavit show that suit No. 940 of 1972 filed by one Varun Singh is pending in the court of Additional Civil Judge, Muzaffarnagar. The subject-matter of the suit is validity of the election of office bearers and their right to hold the office of the members of the Committee of Management. In the face of this assertion it is difficult to accept the contention that there was no dispute pending claiming right to be lawful office bearers. But even if there be no such dispute pending it is open to the petitioners to raise this question in their reply to show-cause notice. If on enquiry the State Government is satisfied that there was no dispute with respect to the right claimed by different persons to be lawful office bearers of the Managing Committee and that such dispute does not affect the smooth and orderly administration of the College, in that event the State Government may not take any further action. In this view of the matter the petitioner is not entitled to any relief against the show-cause notice.