JUDGMENT :

1. Short question that requires consideration in this case is as to whether the expression ‘the said constitution’ occurring in Clause 13.05 (e) of First Statutes of Meerut University requires prior permission of Vice-Chancellor before incorporating any change in the constitution of management of every college or is it restricted to Clause 13.05 (a) to (d) alone? Learned Senior Counsels for the rival parties submit that above being a pure question of law can be decided by this Court without formally calling of counter affidavit.

2. Kisan Degree College, Simbhaoli, (hereinafter referred to as the ‘College’) is college affiliated to Chaudhary Charan Singh University, Meerut (hereinafter referred to as the ‘University). The University is regulated by the provisions of Uttar Pradesh State Universities Act, 1973 (hereinafter referred to as the ‘Act of 1973’). Section 2(13) of the Act of 1973 defines management in following terms:-

“2(13) 'management' in relation to an affiliated or associated college, means the managing committee or other body charged with managing the affairs of that college and recognised as such by the University :

[Provided that in relation to any such college maintained by a Municipal Board or a Nagar Mahapalika, the expression 'management' means the education committee of such Board or Mahapalika as the case may be and the expression 'Head of the Management' means the Chairman of such committee;]”

3. Management of College is regulated by ‘Bye-laws of Kisan Degree College, Simbhaoli’ (hereinafter referred to as the ‘byelaws’). Clause 4 of the bye-laws defines committee of management in following terms:-

“Committee of Management: The authority to manage and conduct the affairs of the college shall vest in the Managing Committee in accordance with the provisions of the bye-law of this college and the statutes and regulations of the Agra University Hand Book for affiliated colleges.”

4. Clause 5 of the bye-laws provides for constitution of committee of management. As per bye-laws, committee of management shall have fifteen members in all including the office-bearers, ex-officio and ordinary members, who are all defined in the bye-laws. Clause 6(2)(a) of the bye laws would be relevant for the present purposes and is extracted hereinafter:-

“Seven members to be elected by the delegates of seven constituencies as defined by the Cane Development Union, Simbhaoli Ltd.”

5. The bye-laws as it originally stood are alleged to have been amended on 11.11.2016, and Clause 6(2)(a) stands substituted with a new clause providing for ‘eleven members to be elected by the general body from its members’. Sub-Clause (5) is also added in Clause 5(b) of the bye-laws, thereby including a category of life members who deposit Rs. 1000/-with the college, and duly received by Principal and Secretary of managing committee. These changes, apart from others in bye-laws of college are the bone of contention between parties.

6. According to petitioner, who claims to be a delegate from Cooperative Cane Development Union Simbhaoli and thereby a member of General Body of College, the amendment is invalid as procedure contemplated in Clause 25 of bye-laws read with other clauses, that specifies procedure for any modification therein, have not been followed. It is also urged that aforesaid amendment in byelaws is also invalid as Vice-Chancellor has not granted prior permission before making such changes in the constitution of management of college concerned. Reliance is placed upon Clause 13.05 of Statutes of University, which is reproduced hereinafter:-

“13.05. The constitution of the Management of every college shall provide that -

(a) the Principal of the College shall be ex-officio member of the Management;

(b) twenty five per centum of the members of the Management, are teachers (including the Principal);

(c) the teachers (excluding the Principal) referred to in clause (b) are such members for a period of one year by rotation in order of senior