MAHADEOPRASADSINGH ALIAS O MAHADEOSINGH Vs. TILKAMANJHI BHAGALPNR UNIVERSITY

JUDGEMENT

(1.) We have beard counsel for the parties.

(2.) The petitioner is aggrieved by the removal of the old Ad-hoc Committee, and the nomination of a new Ad-hoc Committee by the Vice- Chancellor of the University in exercise of powers under sub-section (4) of Section 60 of the Bihar State Universities Act. It has also been brought to our notice that such Ad-hoc Committee have been continuing since the year 1987. Under sub-section (4) of Section 60 of the Act the Vice-Chancellor is authorised to constitute an Ad-hoc Committee, but such power is to be exercised only if a regular Governing Body is not constituted in accordance with sub-section (1) of that section. The power, therefore, is to make temporary arrangement for the management of the College when a regularly constituted Governing Body in accordance with sub-section (1) is not in existence. The power by its very nature cannot be so exercised as to prevent the constitution of a regular Governing Body in accordance with sub-section (1) of Section 60 of the Act for years together, by appointing successive Ad-hoc Committees such exercise of power is a fraud upon the statute and cannot be countenanced. A College must be governed normally by its Governing Body, which is a representative body consisting of teachers, University representative, officers of the Government, representative of the donors, a political figure etc. Being a representative body it is vested with the power to manage the affairs of the College. Normally, Governing Body of a College must manage the affairs of the College, and appointment of Ad-hoc Committee must be in the nature of an exception in circumstances which justify the nomination of such Ad-hoc Committee. Successive appointment of Ad-hoc Committees without constituting a regular Governing Body must be discouraged.

(3.) Counsel for the petitioner contends, inter alia, that even the new Ad-hoc Committee is not validly constituted, inasmuch as the Vice-Chancellor has no power to nominate an educationist, who in terms of sub-section (1) (vii) of Section 60 of the Act must be co-opted by the Governing Body.