THE GOVERNING BODY, SATENDRA NARAYAN SINGH MAHILA COLLEGE Vs. BHUPENDRA NARAYAN MANDAL UNIVERSITY AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the parties. A pointed attack was made on the decision of B.N. Mandal University, Madhepura, by virtue of which the regular governing body of Satendra Narayan Singh Mahila College, Mamtapuri at Supaul was dissolved and an ad -hoc committee constituted by virtue of Annexure -6, dated 16.11.2012. The regular governing body was notified on 30th of November, 2011 and almost within a year an ad -hoc committee has been put in place.

(2.) PETITIONER , who happens to be the Secretary and donor member for life, has assailed the said order on the ground that the basic parameters of the Act and the Statute have not been followed. The relevant Act is the Bihar Universities Act, Section 60(1) to (4) and Statute 32, Clause 28, which governs dissolution of governing bodies.

(3.) THE second limb of argument is that even the reconstitution is not in consonance with Section 60, sub -clause 1 of the Bihar Universities Act, because the said provision specifically provides as to who and how the governing body has to be constituted. Though there is some kind of leverage in matters of constitution of ad hoc committee in terms of Rule 60, sub -clause 4 but the Division Bench of this Court in case of Governing Body Somri Hari Nath Mahila College and Another vs. Magadh University, Bodh Gaya, Gaya and Others, reported in : 1990 (1) P.L.J.R. 249, after analyzing various provisions of the Act, especially Section 60 and their sub -clauses, came to a considered opinion in paragraph 10, which is reproduced hereinbelow: - -