The controlling authority of an autonomous college is determined by historical agreements and compliance with statutory regulations, resultant from financial interventions that led to restructuring governance away from its founding society.

JUDGMENT :

(Jitendra Jain, J.) :

1. Rule. Rule made returnable forthwith. By consent of the parties, the writ petitions are taken up for final disposal.

2. This is one of those matters where the parties are wrestling to continue/regain control of a body that is in-charge of control and management of the one of the finest engineering college of the State.

3. In Writ Petition No.14369 of 2022, the Petitioners are challenging the communication dated 4th October 2022 issued by Respondent No.1-State to Respondent No.4-Society and communication dated 4th November 2022 issued by Respondent No.5-University to Respondent no.4-Society, whereby Respondent Nos.1 and 5 have nominated their representative on the governing body constituted by Respondent No.4 to control and manage the Petitioner No.2-College. The Petitioners have further sought a relief in the nature of declaration that they be declared as being in control and management of affairs of the Petitioner No.2-College.

4. Narrative of events :-

(i) In the year 1947, Respondent No.4-Society started an Engineering College at Sangli, Maharashtra which was named as ‘New Engineering College.’ As the College started growing, it could not match the requirement of finance. The financial condition of the college was precarious and therefore Respondent No.4-Society requested Respondent No.1-State and the Central Government to support them by giving financial assistance.

(ii) Respondent No.4-Society gave two alternatives to Respondent No.1-State, namely either to give financial grant so that Respondent No.4 can pay off the liabilities of the College or Respondent No.1-State should take over the management and control and assets and liabilities of the College.

(iii) On the request made by the Respondent No.1-State and the Central Government, Petitioner No.3-Trust agreed to give financial assistance to stabilize the financial condition of the college with various conditions inter alia that the Petitioner No.3-Trust would be given due representation on the college Governing Board and the name of the college would be changed to “Walchand Hirachand College of Engineering.” After due consultation among Petitioner No.3-Trust, Respondent No.1-State, Respondent No.4-Society and the Central Government, Petitioner No.3 donated the amount agreed upon and an Ad hoc Committee was appointed by the Government which took charge of the affairs of the college, the said Ad hoc Committee was constituted by the Government in which Petitioner No.3-Trust had one representative on the said committee.

(iv) On 24th June 1955, the Ad hoc Committee was replaced by Petitioner No.1-Administrative Council and it was agreed more particularly by Petitioner No.3, Respondent No.4 and Respondent No.1 that Petitioner No.1 would have its own Rules and Regulations to manage and control the affairs of the College. It was also agreed that the management and control of the college would be exercised by Petitioner No.1-Administrative Council which body would be distinct and separate from Respondent No.4-Society. The Rules and Regulations were formed and accepted by a