K. JAGANNATHA SHETTY, C. J.

( 1 ) A Division Bench of this Court while disagreeing with the decision in the Committee of management of Janta Vedic College, Baraut, Meerut v. Vice Chancellor, Meerut University, air 1983 All 128, has referred the case for decision by a larger Bench.

( 2 ) THE question that falls for consideration is whether the Vice-Chancellor, under the U. P. State universities Act, 1973, (universities Act for short), has got power to supersede the management of an affiliated college and appoint an Administrator. In the Janta Vedic College case a Division bench of this Court has held that the Vice-Chancellor would be competent to exercise such power under Section 13 (1) and (6), Universities Act. The question is whether that view requires reconsideration.

( 3 ) PETITIONER 1 is a Committee of Management of R. K. College, Shamli, Muzaffarnagar. Petitioner 2 claims to be the Secretary of said college. The college has been administered by a society called Kisan Vidya Sabha. Shamli. The college has been affiliated to the Meerut university. On May 16, 1976, there was an election to the Committee of Management. That gave rise to a dispute which was ultimately brought before the Vice-Chancellor. The Vice-Chancellor without issuing notice to the management or to the elected persons appointed Sri Raj Singh as the Administrator of the College. The order was made on February 8, 1982 in exercise of the powers conferred under Section 13 (1) and (6), Universities Act, read with Statute 13. 05 (f) of the statutes. The validity of the said order has been called into question in this writ petition preferred under article 226.

( 4 ) SECTION 57 deals with the powers of the State Government. Section 58 confers power on the state Government to appoint Authorised Controller to take over the management. Sub-section (2) of Section 58 reads" 58 (2 ). Where the State Government while issuing a notice under Section 57 is of opinion, for reasons to be recorded, that immediate action is necessary in the interest of the College it may suspend the management, which shall thereupon cease to function, and make such arrangement as it thinks proper for managing the affairs of the College and its property till further proceedings are completed : provided that no such order shall remain in force for more than six months from the date of actual taking over the management in pursuance of such orders : provided further that in computation of the said period of six months, the time during which the operation of the order was suspended by any order of the High Court passed in exercise of jurisdiction under Article 226 of the Constitution or any period during which the Management failed to show cause in pursuance of the notice under Section 57, shall be excluded. " section 58 (2) thus expressly confers power to supersede a-management on the State government. The question herein is whether that power could as well be exercised by the vice-Chancellor under Section 13 (1) and (6 ).

( 5 ) FOR immediate reference, they are set out below ; -" 13. Powers and duties of the Vice-Chancellor-- (1) The Vice-Chancellor shall be the Principal executive and academic officer of the University and shall

( 6 ) WHERE any matter is of urgent nature requiring immediate action and the same could not be immediately dealt with by any officer or the authority or other body of the University empowered by or under this Act to deal with it, the Vice-Chancellor may take such action as he may deem fit and shall forthwith report the action taken by him to the Chancellor and also to the officer, authority, or other body who or which in the ordinary course would have dealt with the matter: provided that no such action shall be taken by the Vice-Chancellor without the previous approval of the Chancellor, if it would involve a deviation from the provisions of the Statutes or the ordinances : provided further that if the officer, authority or other body is of opinion that such action ought

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