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K. VINOD CHANDRAN, HARISH KUMAR
Sanjay Kumar – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ. – The appeal is against the judgment in the writ petition which refused interference to the Ad-hoc Committee constituted for the management of an affiliated college. The appellant’s contention was that under Statute 32(2)(i), the Adhoc Committee has to be constituted by the Syndicate and shall only be of five members. The learned Single Judge found that Section 64 of the Bihar State University Act, 1976 (For brevity the ‘Act’) stands in conflict with the aforesaid Statute and hence, the provision in the Act has to prevail. The provisions in the Act also speaks of an Ad-hoc Committee of seven persons, the constitution of which is by the Vice-Chancellor; who was so empowered. The constitution was held to be perfectly in order, warranting no interference.
2. When the appeal was taken up on the last day, we were not convinced about the ground raised, since it is a trite principle that the Act under which the statutes are framed, would have prevalence over the statute framed, in the event of a conflict.
3. The learned counsel appearing for the 8th respondent and the University also vehemently pointed out that the writ petition was a sponsored affair and the contenti
The court held that procedural lapses in committee formation must be addressed to avoid arbitrariness in university governance.
The Vice Chancellor can only constitute an Ad hoc Governing Body if no regular Governing Body exists, reaffirming the authority of the college's founders to form the permanent body.
A Manager of a Committee of Management cannot initiate a writ petition without prior authorization from the Committee, thus impacting the maintainability of such petitions.
The amendment aimed to ensure the independence of the search committee and avoid biases and favoritism in the appointment process.
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