JUDGMENT 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.
4. In the present case, admittedly, a dispute has been raised with regard to the claim by different persons to be lawful office bearers of its management. This condition is one of the conditions provided in clause (iii) of Section 57, which authorises the State Government to issue a notice to the Committee of Management and by virtue of Section 58 after considering such explanation pursuant to such notice, may appoint Authorised Controller if the State Government is so satisfied.
5. In case there is no Committee of Management, in that event, it would not be possible to issue notice under Section 57 of the Act. But as soon there are different persons claiming to be lawful office bearers, in that event, notices are required to be issued to all such persons claiming as such. In the present case, the life of the committee had admittedly expired. At the same time, different persons are claiming to be office bearers by reason of the order of status quo granted herein. Therefore, it is a fit case where clause (iii) of Section 57 is attracted and the State Government is empowered to issue notice under Section 57 of the Act for the purpose of appointment of Authorised Controller under Section 58 of the said Act. It is also open to the State Government while issuing notice under Section 57 may provisionally suspend the Committee of Management, if there be any, for the duration as mentioned in subsection (2) of Section 58 and appoint an Authorised Controller pending decision on the proceeding initiated through the notice Issued under Section 57.
6. In the present case, admittedly the life of the Committee of Management has expired. It is by virtue of the order of status quo the petitioners are claiming to be the office bearers. Such a situation has since been brought about by the petitioners themselves by obtaining the order of status quo. If the order of status quo is vacated, there will be no Committee of Management. If there is no Committee of Management, then there cannot be any scope for holding election or taking steps for constituting management lawfully except through an Authorised Controller. In such circumstances, no notice need be required. Nor there could be any reason to suspend a non-existent management. It is In the Interest of the College a Committee of Management has to be constituted. Such Management can only be constituted through Authorised Controller.
7. Be that as it may in the facts and circumstances of the case, having heard learned counsel for the parties, it appears to me that this is a fit case where in the Interest of the education, a notice required to be issued immediately under Section 57 of the said Act as well exercise of power under sub-section (2) of Section 58 of the said Act. In order to protect the interest of the students and ensure advancement of education. In the peculiar facts and circumstances of the case. 1 dispose of the writ petition by directing the competent authority under Section 57 of the said Act to exercise his power under Section 57 and issue a notice on all the persons claiming to be lawful office bearers of the management forthwith and also to take immediate action in the interest of the college to appoint an Authorised Controller and suspend the Committee of Management alleged to have been constituted by the respective claimants whoever is claiming to be lawful office bearers of the management in accordance with the provisions contained in Sections 57 and 58 respectively as provided therein depending on the facts and circumstances of the case as applicable thereto and the alleged persons claiming to be lawful office bearers should hand over charge to such Authorised Controller in terms of Section 60 of the said Act. However, till the Authorised Controller is appointed, the petitioners shall carry on the management but they will not lake any policy decision and shall not incurs any expenses other than routine expenses. The Authorised Controller will ensure holding of the election of the Committee of Management within a period of four months from the date he takes over charge in accordance with law.
8. The writ petition is thus disposed of. However, there will be no order as to cost.