J.N.Dubey, J. - (1.) This writ petition is directed against the order dated 8-2-1982 of the Vice-Chancellor, Meerut University, Meerut appointing opposite party no. 3 as Administrator, Rashtriya Kisan College, Shamli, district Muzaffar nagar.
(2.) Kisan Vidya Sabha, Aryapuri Shamli, district Muzaffarnagar is a Society (hereinafter referred to as the 'society') registered under Societies Registration Act and is governed by its own Bye-laws. The society runs two educational Institutions, namely, Rashtriya Kisan Inter College and Rashtriya Kisan College Shamli. While the management of the society vests in the Executive Committee elected under its Bye-laws, the management of the Inter College and the College vests in their committees of management elected under their respective schemes of Administration. Admittedly, committee of management of the college was elected on 16-5-1976 with Surendra Varma as its President and Jaipal Singh as its Secretary. This committee of management was also formally recognized by the University as would appear from letter dated 25-11-1976. According to the petitioners, on the expiry of the terms of the aforesaid committee of management a new committee of management was elected on 20-5-1979 and intimation of this election was duly sent to the Meerut University and the Director of Education, U.P. On 15-1-1982 the Deputy Registrar of the Meerut University invited the President of the committee of management to meet the Vice-Chancellor on 21-1-1982. The President and the Secretary of the society met the Vice-Chancellor on the appointed date. They were asked to appoint one Sri Hari Singh a teacher as Incharge of the Farm and Dairy of the College. Since Dr. V.S. Verma and Sri C. S. Panwar were already managing the Farm and Dairy of the College respectively they showed their inability to appoint Sri Hari Singh. On 22-1-1982, the Deputy Registrar again invited the President and Secretary of the committee of management to meet the Vice-Chancellor on 28-1-1982. They met the Vice-Chancellor on the appointed date. The Vice-Chancellor asked them to suspend Principal of the college and to hand over charge of the Farm and Dairy to Sri Hari Singh which they refused to do. It is in this background that Vice-Chancellor of the University purporting to act under Section 13 (1) (a) (4) and (6) of the U.P. State Universities Act appointed the opposite party no. 3 as Administrator of the college. Feeling aggrieved, the petitioners filed this writ petition under Article 226 of the Constitution which was admitted on 16-2-1982 and the operation of the order dated 8-2-1982 of the Vice-Chancellor was stayed. It appears that after obtaining the stay order from this Court the petitioners wanted to hold elections for new committee of management and, therefore, the opposite parties moved an application on 14-5-1982 for modification of the aforesaid stay order, which was directed to be listed for orders on 24-5-1982 and in the meanwhile the petitioners were restrained from holding elections of the committee of management of the college. The stay order was ultimately modified on 24- 5-1982 as under "Having heard learned counsel for the parties at some length, direct that the operation of the impugned order dated 8th of February 1982 passed by the Vice-Chancellor, Meerut" University shall remain stayed subject to the injunction which has already been issued by this court on 14-5-1982 to the effect that the petitioners shall not be entitled to hold the elections of the committee of management of the college under the order of stay. However, if the District Magistrate Muzaffarnagar nominates an interim Administrator for performing the duties and functions assigned to Sri Raj Singh under the impugned order for the pendency of this petition, the interim orders shall stand automatically vacated with effect from the date of such appointment. The Administrator so appointed by the District Magistrate shall have the same powers and perform the same duties which were conferred or imposed on Shri Raj Singh under the impuged order dated 8-2-1982. The parties may immediately approach the District Magistrate, Muzaffarnagar for nomination of a suitable person for the purpose indicated above. The nomination may be made by the District Magistrate latest within one week of the approach by the parties. Sd/-A.N.V. 24-5-1982."
(3.) The S.D.M. Khairnagar who was appointed as Administrator of the college by the District Magistrate, Muzaffarnagar did not take any Steps to hold elections of the committee of management of the college and as such on 25-5-1983 this court directed him to hold the said election within a period of two months. On 18-6-1983 the Administrator circulated agenda holding elections of the Executive Committee of the society on 4-7-1983, The secretary of the society filed objection to the Administrator saying that the election of the society had already taken place and he had only to hold election of the committee of management of the college. The Administrator, however, without caring for the objections completed the election of the executive committee of society and thereafter also held election for committee of management of both the colleges. The petitioners have, therefore, also challenged the validity of these elections before us.;