K.C.Agrawal, J. - (1.) On 28th May,. 1909 the Society known as Nathimal Ramsai Mai Edward Coronation College-Association, Khurja, district Bulandshahr, was registered under the Societies Registration Act 1860. The main object of the said Society was of establishing educational institutions. To effectuate its object, the Society started a College in the name of Nathimal Ramsai Mai Edward Coronation College, Khurja. The aforesaid College was subsequently raised to the status of a Degree College. In this College, education is imparted up to Post-Graduate classes. It was previously affiliated with the Agra University. On the enforcement of Kanpur and the Agra Universities Act, the College was affiliated with the Meerut University. In accordance with the provisions of Meerut and Kanpur Universities Act, statutes and the ordinance framed thereunder, a committee of management was formed to run the administration of the Degree College. The committee of management consists of the following office bearers:- 1. President. 2. Vice President. 3. Secretary. The election for the aforesaid offices of the committee of management, which, took place last, was on 9th January, 1978.
(2.) On 16th May, 1979 the State Government issued a charge-sheet under Section 57 of the U. P. State Universities Act, 1973 (Act No. 10 of 1973) (hereinafter referred to as the Act) calling upon the petitioners to show cause why an order under Section 58 of the Act should not be made. Section 58 of the Act authorises the State Government after considering the explanations, if any, submitted by the management under Section 57 to take over, for such period not exceeding two years, the management of the College and its property to the exclusion of management. Under this section, 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 sub-section.
(3.) The aforesaid charge-sheet dated 16th May, 1979 contained as many as six charges. As we are concerned only with the following two charges that need alone be mentioned. (I) During the years 1960 to 1978 a sum of Rs. 1,75,500/- was taken as loan from different funds, which were transferred to the maintenance fund and a sum of Rs. 5000/- was transferred to the hostel fund, which is a serious irregularity. (II) The fees realised from the students for the months of April, May and June, 1975 have been returned by the committee from its own sources. On June 23, 1975 a sum of Rs. 98645.96 P. was transferred to the maintenance funds, but on 4th June, 1976 a sum of Rs. 7066.02 only was returned. The remaining amount of Rs. 91579.94 has still to be deposited. This is a grave irregularity, which has been detrimental to the College.;