RAM ACHAL DUBE Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application on behalf of the Authorised Controller, Sri Kashi Raj Mahavidyalaya, Aurin, District Varanasi, to vacate the interim stay dated 11-8-1988, directing respondent no. 5, the Authorised Controller, Sri Kashi Raj Mahavidyalaya, Aurin, District Varanasi, to hand over charge of the office of the Committee of Management, to petitioner no. 1, who was Secretary-cum-Manager and Sri Shambhu Nath Misra, petitioner no. 2, Principal of the institution, within six weeks, or to show cause.

(2.) CONSEQUENT upon that order, a counter affidavit has been filed showing cause, and in para 9 of the counter affidavit filed by Sri Virendra Pratap, Principal of the College, it has been disclosed that the term of the Authorised Controller can be extended even beyond five years.

(3.) HAVING heard the learned counsel for the parties, I am of the view that as the statutory requirement of Section 16-D (4) read with First Proviso added thereto, is that the maximum period for Authorised Controller is for five years. This period could be in the initial stage for two years as provided under Section 16-D (4 . Thereafter the proviso, which is to create exception, the period is for one year which may be extended at a time. However, the total period should not be beyond five years.