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1998 Supreme(All) 1133
IN THE HIGH COURT OF ALLAHABAD
S. H. A. Raza, J.
COMMITTEE OF MANAGEMENT, RAJA MOHAN GIRLS DEGREE COLLEGE, FAIZABAD - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Writ Petition 1655 (M/s) Of 1998
Decided On : 10/07/1998
ASHOK KUMAR SINGH, P.C.VERMA, RAKESH SRIVASTAVA, S.K.MEHROTRA
The autonomy of educational institutions should not be interfered with until and unless the default as mentioned in sub-clauses (i) to (v) of Section 57 of the Act are found by the State Government otherwise the State Government cannot take over the Management and appoint an Authorised Controller.
Headnote:
U. P. STATE UNIVERSITIES ACT, 1973 - SECTION 57 - POWER OF STATE GOVERNMENT TO ISSUE NOTICE - SECTION 58 - AUTHORISED CONTROLLER - APPOINTMENT - CONDITIONS - SCOPE AND AMBIT - AUTONOMY OF EDUCATIONAL INSTITUTIONS.
Fact of the Case:
The State Government issued a notice under Section 57 of the U. P. State Universities Act, 1973, calling upon the Management of Raja Mohan Girls Degree College, Faizabad, to show cause why an order under Section 58 should not be made. The notice contained allegations of financial and administrative irregularities committed by the Management. The State Government also passed an order under Section 58 (2) of the Act, suspending the Management and appointing an Authorised Controller for six months.
Finding of the Court:
The Court held that the State Government had acted without jurisdiction in holding the college guilty of committing financial or administrative irregularities. The Court found that the charges against the Management were vague, general, and sweeping in nature, and that the Management was not given an opportunity to explain the charges. The Court also found that some of the charges did not fall within the scope and ambit of clauses (i) to (v) of Section 57 of the Act.
Issues: Whether the State Government could have taken action under any of the clauses (i), (ii), (iv), and (v) of the U. P. State Universities Act, 1973, and whether the State Government had acted within its jurisdiction in appointing an authorised controller on the basis of the allegations/charges in the notice.
Ratio Decidendi: The Court held that the State Government could not have taken any action under any of the clauses of Section 57 of the Act and hence no immediate action was necessary to suspend the Management and appoint an Authorised Controller to manage the affairs of the College. The Court held that such actions can only be taken when the Management has persistently committed wilful default in payment of salaries of the teacher or the staff of the College or substantially diverted, misapplied or misappropriated the property of the College to the detriment of the College or for any other lapse which has imperiled the academic standard in the College.
Final Decision: The Court quashed the notice dated 21.7.98 purporting to be one under Section 57 of the U. P. State Universities Act issued by the State Government as well as the order of the State Government dated 21.7.98 suspending the Management of the College and appointment of authorised Controller. The respondents were directed to hand-over the possession of the Management of the Institution to the petitioner forthwith.
( 1 ) THE fate of this writ petition hinges on the reply to the question as to whether the State government could have taken action under any of the clauses (i), (ii), (iv) and (v) of the U. P. State Universities Act. 1973 (hereinafter called the act) and the State Government has acted within its jurisdiction in appointing authorised controller on the basis of the allegations /charges in the notice.
( 2 ) SECTION 57 of the Act reads as under :
"57. Power of the State Government to issue notice.--If the State Government receives information in respect of any affiliated or associated college (other than a college maintained exclusively by the State Government or a local authority) (i) that its Management has persistently committed wilful default in paying the salary of the teachers or other employees of the college by the twentieth day of the month next following the month in respect of which or any part of which it is payable : or (ii) that its Management has failed to appoint teaching staff possessing such qualifications as are necessary for the purpose of ensuring the maintenance of academic standards in relation to the college or has appointed or retained in service any teacher in contravention of the Statute or ordinances ; or (iii) that any dispute with respect to the right claimed by different persons to be lawful office-bearers of its Management has affected the smooth and orderly administration of the college ; or (iv) that its Management has persistently failed to provide the college with such adequate and proper accommodation, library, furniture, stationery. laboratory equipment, and other facilities, as are necessary for the efficient administration of the college ; or (v) that its Management has substantially, diverted misapplied or misappropriated the property of the college to the detriment of the college ; it may call upon the Management to show cause why an order under Section 58 should not be made : provided that where it is in dispute as to who are the officebearers of the Management, such notice shall be issued to all persons claiming to be so. "
( 3 ) SECTION 58 of the Act deals with the appointment of authorised controller which is reproduced below :
"58. Authorised Controller.-- (1) If the State Government after considering the explanation if any, submitted by the Management under Section 57 is satisfied that any ground mentioned in that section exists, it may, by order, authorise any person (hereinafter referred to as the authorised Controller) to take over, for such period not exceeding two years as may be specified, the Management of the college and its property to the exclusion of the Management and whenever the Authorised Controller so takes over the Management he shall, subject only to such restrictions as State Government may impose, have in relation to the Management of the college and its property all such powers and authority as the Management would have if the college and its property were not taken over under this subsection : provided that if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper Management of the college and its property, it may, from time to time, extend the operation of the order for such period, not exceeding one year at a time, as it may specify, so however, that the total period of operation of the order, including the period specified in the initial order under this sub-section does not exceed five years : provided further that if at the expiration of the said period of five years, there is no lawfully constituted Management of the college the Authorised Controller shall continue to function as such, until the State Government is satisfied that the Management has been lawfully constituted : provided also that the State Government may, at any time, revoke an order made under this sub-section. (2) Where the State Government while issuing a notice under Section 57 is of opinion, for reasons to be recorded,
