K. C. AGARWAL, J.:- This writ petition under Art.226 of the Constitution challenges the order of the Vice-Chancellor, Meerut University, Meerut, dated 1st of February, 1982 passed under Section 13 (1) (a) (4) and (6) of U.P. State Universities Act (hereinafter referred to as the Act) and Statute 13.05 (f) of the First Statutes of the University. By this order the Vice-Chancellor appointed Capt, Bhagwan Singh as Administrator along with Principal of the College to deal with all the financial and administrative matters of the College. The relevant portion of this order is being quoted below.

"(i) The present Management which is in shambles is declared defunct and Capt. Bhagwan Singh former Ambassador of India in Fizi and residing in Delhi is appointed Administrator till the new elections of the Management Committee are held.

(ii) Captain Bhagwan Singh, as Administrator, along with the Principal of the college will deal with all the financial and administrative matters of the college. All the accounts such as maintenance fund, development fund and all other funds so far operated by the management committee will be operated by the Administrator and the principal jointly."

Challenging the aforesaid order Sri S.S. Bhatnagar, the learned counsel for the petitioner urged before us that the Vice-Chancellor has not been empowered by S.13 (1) (a) (4) and (6) to appoint an Administrator. Hence the order made is invalid and is without jurisdiction. Reading the order as a whole, we find that the appointment of the Administrator was founded on the satisfaction of the Vice-Chancellor that the academic life of the College was totally disturbed owing to :-

"(a) the division among the teachers of the college belonging to the two warring groups of the management.

(b) the non-functioning of the president due to the court orders; no appointment of teachers to the posts lying vacant for quite sometime is possible. According to the provisions of the Act no appointment of a teacher is legal without the president of the Management."

Before passing the aforesaid order he set up a single-man inquiry committee headed by Dr. S.N. Singh former Principal of R.B.S. College, Agra, who reported that the College was in a very bad shape and for the welfare of the students and all concerned the immediate action was required to be taken. On being satisfied that urgent steps were required to be taken the Vice-Chancellor appointed the Administrator.

2. The argument raised before us was that as the Legislature had conferred power of appointment of authorised Controller in a situation like the present on State Government the Vice-Chancellor should be held to have been impliedly barred from making such appointment. The submission was that in case the legislature intended to confer any power of appointment on the Vice-Chancellor, a clear provision to that effect would have been made in the Act. It is true that Sections 57 and 58 lay down a procedure for appointment of authorised controller and authorise the State Government to make an appointment in cases where it records a satisfaction and finds conditions mentioned in these two provisions to be in existence, but the said power was that of the State Government. Moreover, from its very nature the power is such which is likely to consume time. Hence merely because of the power given to the State Government, the submission of the petitioners counsel that the Vice-Chancellor could not appoint an administrator under S.13 (6) is not tenable. Power under S.13 is available to be exercised by the Vice-Chancellor only in urgent cases where immediate action is required to be taken. The two powers, one conferred on the State Government and the other conferred on the Vice-Chancellor, are not competing with each other. There is nothing in the Act indirectly prohibiting the Vice-Chancellor from making

an appointment of an administrator to meet the exigency of situation. In the instant case the. Vice-Chancellor has recorded his satis