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ANANDA SEN
Jharkhand Evening College, Koderma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Heard the learned counsel for the parties.
2. In this writ petition, the petitioner has challenged Memo No. VBU/Esstt/IOC-25/834/2020 dated 18.5.2020 (Annexure-3) by which, the Vice Chancellor, Vinoba Bhave University, Hazaribagh, has constituted Ad hoc Governing Body of the Jharkhand Evening College, Koderma, Ashram Road, P.O. Jhumri Telaiya, P.S. and District-Koderma. Further the authority of the Vice Chancellor, to constitute the said Ad hoc Governing Body is also under challenge, on the ground of lack of jurisdiction.
3. Mr. Ajit Kumar, learned senior counsel for the petitioner, submits that the Governing Body of the college had already been constituted and is managing the affairs of the college. When already a Governing Body duly constituted as per law exists, without dissolving the same, the Vice Chancellor does not derive any power or authority under the Universities Act or the Statute framed thereunder, to constitute an Ad hoc Governing Body by the impugned order. It is his contention that the college being a Private unaided college, though affiliated with Vinoba Bhave University, Hazaribagh, the Vice Chancellor of the University has got no power to interfere with t
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.
The court established that the advisory nature of governing bodies under the M.G. University Act does not compromise the management autonomy of minority educational institutions guaranteed by Article....
Governing Body” or the “Managing Council” — which are mentioned in Sections 54 and 55 of the “M.G.University Act” — are only advisory in nature and distinct from the Management or Educational Agency,....
The court held that procedural lapses in committee formation must be addressed to avoid arbitrariness in university governance.
The Vice Chancellor has the authority to cancel meetings, and decisions made by unauthorized majorities do not hold validity under statutory provisions.
The court established that only the Director holds the authority for reconstituting the governing body of educational institutions, and any action taken by the Regional Director in this regard is una....
The appointment of Vice-Chancellors must comply with statutory provisions and UGC regulations, ensuring lawful and independent decision-making by the Chancellor.
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