S.H.A.Raza, J. - (1.) The fate of this writ petition hinges on the reply to the question as to whether the State Government could have taken action under any of the clauses (i), (ii), (iv) and (v) of the U. P. State Universities Act. 1973 (hereinafter called the 'Act') and the State Government has acted within its jurisdiction in appointing authorised controller on the basis of the allegations /charges in the notice.
(2.) Section 57 of the Act reads as under : "57. Power of the State Government to issue notice.--If the State Government receives information in respect of any affiliated or associated college (other than a college maintained exclusively by the State Government or a local authority) (i) that its Management has persistently committed wilful default in paying the salary of the teachers or other employees of the college by the twentieth day of the month next following the month in respect of which or any part of which it is payable : or (ii) that its Management has failed to appoint teaching staff possessing such qualifications as are necessary for the purpose of ensuring the maintenance of academic standards in relation to the college or has appointed or retained in service any teacher in contravention of the Statute or Ordinances ; or (iii) that any dispute with respect to the right claimed by different persons to be lawful office-bearers of its Management has affected the smooth and orderly administration of the college ; or (iv) that its Management has persistently failed to provide the college with such adequate and proper accommodation, library, furniture, stationery. laboratory equipment, and other facilities, as are necessary for the efficient administration of the college ; or (v) that its Management has substantially, diverted misapplied or misappropriated the property of the college to the detriment of the college ; 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 if the State Government is of opinion that it is expedient so to do in order to continue to secure the proper Management of the college and its property, it may, from time to time, extend the operation of the order for such period, not exceeding one year at a time, as it may specify, so however, that the total period of operation of the order, including the period specified in the initial order under this sub-section does not exceed five years : Provided further that if at the expiration of the said period of five years, there is no lawfully constituted Management of the college the Authorised Controller shall continue to function as such, until the State Government is satisfied that the Management has been lawfully constituted : Provided also that the State Government may, at any time, revoke an order made under this sub-section. (2) Where the State Government while issuing a notice under Section 57 is of opinion, for reasons to be recorded, that immediate action is necessary in the interest of the college, it may suspend the Management, which shall thereupon cease to function, and make such arrangement as it thinks proper for managing the affairs of the college and its property till further proceedings are completed : Provided that no such order shall remain in force for more than six months from the date of actual taking over by the Management in pursuance of such order : Provided further that in computation of the said period of six months, the time during which the operation of the order was suspended by any order to the High Court passed in exercise of jurisdiction under Article 226 of the Constitution or any period during which the Management failed to show cause in pursuance of the notice under Section 57, shall be excluded. (3) Nothing in sub-section (1), shall be construed to confer on the Authorised Controller the power to transfer any immovable property belonging to the college (except by way of letting from month to month in the ordinary course of management or to create any charge thereon) except as a condition of receipt of any grant-in-aid of the college from the State Government or the Government of India. (4) Any order made under this section shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument relating to the management and control of the college or its property : 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.";