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Showing contexts for: authorised controller in Committee Of Management, Raja Mohan ... vs State Of U.P. And Others on 7 October, 1998Matching Fragments
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 the property of the college and any income therefrom shall continue to be applied for the purposes of the college as provided in any such instrument.
(5) The Director of Education (Higher Education) may give to the Authorised Controller such directions as he may deem necessary for the proper Management of the college or its property, and the Authorised Controller shall carry out those directions."
4. On 21.7.98, a notice purporting to be one under Section 57 of the Act was issued calling upon the Management of Raja Mohan Girls Degree College. Faizabad, to show cause within one month as to why the provisions of Section 57 of the Act be not invoked against the institution.
14. It is thus evident that unless an affiliated Institution is guilty of acting in contravention with the aforesaid provisions, it shall enjoy autonomy or freedom of control and management in its affairs. If the management of institution commits breach of sub-clauses (i) to (iv) of Section 57 of the Act, the State Government can suspend the Management and take over the management by appointing Authorised Controller, but that power can be exercised only if the State Government receives information in respect of any breach of the aforesaid clauses.
30. In Board of Trustees v. State of U. P., 1982 ALJ 698, two eminent Judges of this Court (as they were) has laid down sufficient guidelines that the autonomy of the Colleges as provided in Section 37 (iv) of the Act 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.
31. In view of what has been indicated hereinabove the writ petition succeeds. A writ in the nature of certiorati quashing 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, is issued. The respondents are directed to hand-over the possession of the Management of the Institution to the petitioner forthwith.