- (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 ''bye-laws'). 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." ;