D.K.Seth, J. - (1.) Admittedly, the petitioner's committee was elected in 1993. The term of the committee is admittedly for three years. In the meantime, more than five years elapsed. Despite the expiry of life, the petitioner has obtained an order of status quo in this writ petition. By virtue of this interim order, the petitioner is still continuing.
(2.) Section 57 of the U. P, State Universities Act, 1973 empoweres the State Government on certain condition to call upon the management to show cause why an order under Section 58 should not be made in case where there is dispute as to who are the office bearers of the management, such notice shall be issued to all persons claiming to be so. Section 58 of the said Act provides after considering the explanation, if any, submitted by the management under Section 57, if the State Government is satisfied that any ground mentioned in that section exists, it may appoint an Authorised Controller for taking over the management on such term that might be imposed on such Authorised Controller. Such appointment should be of a duration of one year initially which may be extended from time to time for a period not exceeding five years. The Authorised Controller is bound to handover charge to the management that may be lawfully constituted in the meantime. In case no management could be constituted within five years, in that event, the Government may extend till the management is lawfully constituted. While issuing notice under Section 57 of the Act by virtue of sub-section (2) of Section 58, it is open to the Government in the interest of the college to suspend the management immediately, where it is so necessary, till the proceedings of Section 57 and Section 58 are completed. However, such immediate suspension shall be of a duration of six months from the date of actual taking over of the management. Such period of six months shall be calculated excluding the period during which the order remains suspended by any order passed by the High Court or during which the management failed to show cause pursuant to the notice under Section 57. Section 60 requires the management to hand over the charge as soon the Authorised Controller is appointed. In case, it is not so handed over, the Authorised Controller may apply to the Collector for delivery of possession and control over the college or its property.
(3.) The condition in which notice under Section 57 can be issued includes cases of dispute with respect to the right claimed by different persons to be lawful office bearers of its management affecting smooth and orderly administration of the college as provided in clause (iii) of Section 57. The five conditions, however, do not provide that such Authorised Controller can be appointed whenever the life of the committee has expired. If the life of the Committee of Management has expired and thereafter different persons claimed to be lawful office bearers, in that event, the same is a ground within the meaning of clause (iii) of Section 57. If there is lawfully constituted Committee of Management and its life has not expired and there is no dispute with regard thereto, in that event. Section 57 may not be attracted, but whenever there is a dispute which on the face of it appears to be a substantial dispute with regard to the right to claim as lawful office bearers by different persons, in that event. It is within the ambit of clause (iii) of Section 57.;