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1999 Supreme(All) 221

O.P.GARG
COMMITTEE OF MANAGEMENT, LAL BAHADUR SHASTRI SMARAK DEGREE COLLEGE, – Appellant
Versus
GORAKHPUR UNIVERSITY – Respondent


Advocates Appeared:
A.P.SAHI, Ashok Khare, Dilip Gupta, Dwivedi, G.K.SINGH, R.N.Singh


O. P. GARG, J.

( 1 ) THERE is a Jawahar Lal Nehru Memorial Society, Maharajganj, which is a society registered under the Societies Registration Act under the aegis of which two Post Graduate Colleges, viz. , jawahar Lal Nehru Smarak Post Graduate College, Maharajganj (for short j. L. N. College), and lal Bahadur Shastri Smarak Degree College. Anand Nagar, Maharajganj (for short l. B. S. College) are being run. Both these institutions have separate bye-laws for constitution of committee of management their governance and management. These institutions are affiliated to gorakhpur University and are governed by the provisions of U. P. State Universities Act, 1973 (hereinafter referred to as the Act of 1973) and the first Statute of the University.

( 2 ) THE short and die-hard question raised in this writ petition is whether the term of the committee of Management of L. B. S. College is for a period of three years or only one year. This controversy has been raised in the wake of following facts : the last elections to constitute the Committee of Management of L. B. S. College were held on 21. 7. 1996 and Dr. Balram Bhatt--Petitioner No. 2 is alleged to have been elected as its presiden






















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