JUDGMENT

R. N. BISWAL, J. — In this writ petition, petitioner No.1, a philanthropic Society, established a College in the name and style, Sri Sathya Sai College for Women at Bhubaneswar (Opp.party No.3) in 1981 and the Trust that established the college framed a bye-laws (Annexure-1) for the said College. It is stipulated in the bye-law that -

“The State President of the Sri Sathya Sai Seva Organiza¬tion, Orissa, shall be the President of the Governing Body and that the President shall nominate the Secretary of the Governing Body and six members.”

2. Opp.party No.3 College came into the grant-in-aid fold in the year 1984 and as such became a non-Government aided Col¬lege. As per the case of the petitioners, Shri Sibaram Prasad Gantayat (Opp.party No.4), who was an engineer, managed to become a special invitee of the Governing Body in August 1986 and since then continued to be a member of Governing Body till 2004. On 27.4.1994 he became the President of the Governing Body and continued as such for more than 10 years despite statutory bar. opp.party No.3 College received about Rs.70 lakhs as grant from University Grants Commission for the purpose of development of the College, during last ten years. There are reasons to believe that opp.party No.4 was secreting away the funds of the College. Since opp.party No.4 inducted himself as the President of the Governing Body of opp.party No.3 in 1994, funds of the college have not been audited, even though the bye-law specifically provides that the accounts of the Institution shall annually be audited by a Chartered Accountant duly appointed for the purpose.

3. On or about 10.6.2004, the State Government by notifi¬cation dissolved the Governing Bodies of all the non-Government aided Colleges including opp.party No.3 College and took over management of the same. On 24.7.2004 the Sub-Collector, Bhubanes¬war (opp.party No.5) took charge of the management of opp.party No.3 college under Annexure-3 and continued to act as the Presi¬dent of the Governing Body, but the State Government vide notifi¬cation dated 1.9.2005, Annexure-4 nominated the presidents of the Governing Bodies of about 80 non-Government aided colleges in¬cluding opp.party No.4 as President of the Governing Body of opp.party No.3 College. According to the petitioners the State Government has no authority under law to nominate president of any non-Government aided college, much less any such college established by Trust. Hence, the Writ Petition is filed to quash Annexure-4, so far as the opp.party No.3 College is concerned.

4. Opp.party No.4, in a separate counter affidavit averred that since he was/is an active member of Sri Sathya Sai Trust, Orissa, he was nominated by the said trust to manage the affairs of opp.party No.3 College. There is no provision under Rule 25 of the Orissa Education (Establishment, Recognition and Management of Private Colleges) Rules, 1991 as amended in the year 2001 for appointing a nominee of the trust as the president of the Govern¬ing Body of a college established by it. Moreover, opp.party No.4 was recommended by Sri Sathya Sai Trust as its nominee to be appointed as the President of the Governing Body of opp.party No.3 College from 1992 onwards. There is no bar or impediment for the nominee of a trust to become the President of Governing Body of a trust-managed college for more than two consecutive terms. According to opp.party No.4, opposite party No.3 college did not receive grant of Rs.70 lakhs from the University Grants Commis¬sion as alleged, on the contrary, it received Rs.17,98 lakhs till end of 9th plan and the money was spent for the purpose for which it was sanctioned. The funds of the College were duly audited by M/s. A.K. Tripathy and Co., a registered Chartered Accountant Farm up to the end of the financial year 2001. Audit for the subsequent years could not be conducted, because of non-cooperation of the Principal-cum-Secretary of Opp.party No.3 college. Opp.party No.4 denied th