COMMITTEE OF MANAGEMENT OF R K COLLEGE SHAMLI MUZAFFARNAGAR Vs. VICE-CHANCELLOR MEERUT UNIVERSITY MEERUT

JUDGEMENT

(1.) A Division Bench of this Court while disagreeing with the decision in the Committee of Management of Janta Vedic College, Baraut, Meerut v. Vice Chancellor, Meerut University, AIR 1983 All 128, has referred the case for decision by a larger Bench.

(2.) The question that falls for consideration is whether the Vice-Chancellor, under the U.P. State Universities Act, 1973, ('Universities Act' for short), has got power to supersede the management of an affiliated college and appoint an Administrator. In the Janta Vedic College case a Division Bench of this Court has held that the Vice-Chancellor would be competent to exercise such power under Section 13(1) and (6), Universities Act. The question is whether that view requires reconsideration.

(3.) Petitioner 1 is a Committee of Management of R.K. College, Shamli, Muzaffarnagar. Petitioner 2 claims to be the Secretary of said college. The college has been administered by a society called Kisan Vidya Sabha. Shamli. The college has been affiliated to the Meerut University. On May 16, 1976, there was an election to the Committee of Management. That gave rise to a dispute which was ultimately brought before the Vice-Chancellor. The Vice-Chancellor without issuing notice to the management or to the elected persons appointed Sri Raj Singh as the Administrator of the College. The order was made on February 8, 1982 in exercise of the powers conferred under Section 13(1) and (6), Universities Act, read with Statute 13.05(f) of the Statutes. The validity of the said order has been called into question in this writ petition preferred under Article 226.