Appeal No 279 of 1964
Appeal by special leave from the judgment and order dated December 23 1963 of the Patna High Court in M J C No 86 of 1963
MC Setalvad R K Garg D P Singh section C Agarwar and MK Ramamurthy for the appellant
CK Daphtary Attorney General and section P Varma for the respondent Nos 1 2 and 4
SC Agarwal R K Garg D P Singh and M K Rama murthy for respondent No 5
Sarjoo Prasad section L Chhibber and B P Jha for respondent No 8
D Goburdhun for respondent No 16
section P Varma for intervener No 1
Dipak Datta Choudhri and A K Nag for intervener No 2
April 24 1964
The judgment of the Court was delivered by GAJENDRAGADKAR C J
The writ petition from which this appeal by special leave arises had been filed by the appellant Bisheshwar Dayal Sinha by which he challenged the validity of the order issued by the Vice Chancellor of the Bihar University directing the reconstitution of the Govern ing Body of the Rajendra College Chapra and of the rele vant new statutes framed by him under which the said order is purported to have been issued
His case was that the relevant 881 new statutes are ultra vires the authority of the Vice Chan cellor and the impugned order passed by him in pursuance of the said relevant statutes is therefore illegal inoperative and void
Along with the petition filed by the appellant four other petitions had been filed by other persons seeking to obtain similar relief
The Patna High Court has in substance rejected the appellant s case and has accordingly dismissed the appellant s writ petition as well as the other petitions filed by other persons
On behalf of the appellant Mr Setalvad has contended that the view taken by the Patna High Court about the validity of the relevant statutes is not sustainable and that the said statutes are ultra vires with the inevitable consequence that the impugned order directing the reconstitution of the Governing Body of the Rajendra College must also be held to be invalid
The Rajendra College is an educational institution which has been admitted by the Bihar University as a College as defined in section 2d of the Bihar State Universities Patna University of Bihar Bhagalpur and Ranchi Act Bihar Act XIV of 1960 hereinafter called the Act  read with Article I of Chapter XII of the Statutes framed under the Act
The said college is a public institution founded by public charities and is conducted under the management of a Governing Body
The first Governing Body of the College was formed by the citizens of Chapra who had assembled for that purpose in a meeting on the 31st July 1938
The Governing Body thus constituted consisted of 18 members it continued to function until the 24th July 1940 with additions in the personnel made from time to time by co option
Later in 1941 the Governing Body adopted a constitution framed by the Principal of the College at its request and that constitution governed the administration of the college
In due course some further amendments were made in 1950
After the passing of the University of Bihar Act 1951 Bihar Act XXVII of 1951 and the framing of Chapter XIII of the Statutes under the said Act the University suggested to the Governing Body to bring its constitution in line with the provisions of Chapter XIII of said Statutes
Accordingly modifications were made in the constitution and the constitution thus modified and amended from time to time was in operation at the relevant time
The appellant had been elected Secretary to the Governing Body on the 3rd of June 1961 and under the relevant rules of the constitution his term of office was to be three accademic sessions and as such it was to last until 31st May 1964
Meanwhile by the impugned order passed by the Vice Chancellor on the 13th January 1963 the appellant has been removed from his position as Secretary and another person has been appointed in his place
That is the reason why the 882 appellant moved the Patna High Court for appropriate writ or order quashing the impugned order and the relevant statutes on which it purports to be based
To his writ petition the appellant impleaded 18 persons amongst them being respondent No 1 the University of Bihar respondent No 2 Mr Srivastava Vice Chancellor of the University of Bihar and respondent No 3 the Chancellor of the University of Bihar
Before dealing with the contentions raised by the appellant in the present appeal it is necessary to refer briefly to the relevant statutory provisions governing the affairs of the University of Bihar and its constituent colleges
The first Act to which reference must be made is the University of Bihar Act Bihar Act XXVII of 1951
This Act was passed in August 1951 and the provisions enacted by it were intended to furnish a comprehensive code to establish and incorporate an affiliating cum teaching University in the State of Bihar at Patna
In 1960 Bihar Act XIV of 1960 which we are describing as the Act in the course of this judgment came to be passed
This Act was intended to help the establishment and incorporation of affiliating cum teaching Universities at Patna Muzaffarpur Bhagalpur and Ranchi in the State of Bihar
This Act was later amended by Acts 11 of 1962 XIII of 1962 and XVII of 1962
The first of these Amending Acts came into force on the 1st of March 1962 the second on 21st April 1962 and the third on the 16th October 1962
At this stage we may conveniently mention the relevant provisions of the Act
Section 2d defines a college as meaning an institution admitted to or maintained by the Uni versity in accordance with the provisions of the Act in which instruction is given subject to the provisions contained in cl
15 of section 4 to the students of the college up to and including a standard below the post graduate standard under conditions prescribed in the Statutes
This definition shows that the Act applies to two categories of colleges the first category consisting of collegiate institutions admitted to the University and the other maintained by the University
Section 4 prescribes the purposes and powers of the University
Section 410 provides that one of the purposes and powers of the University is to institute maintain and manage colleges and hostels and to recognise colleges and hostels not maintained by the University
This provision brings out the fact that two kinds of collegiate institutions would be functioning under the University those that are instituted by the Uni versity and those that are admitted
In regard to the first category of colleges the power and purposes of the University would be to institute maintain and manage the colleges and hostels and in regard to the other the power and purpose would be to recognise them subject of course to the 883 conditions imposed in that behalf
For the purpose of dealing with the main controversy between the parties in the present appeal it is necessary to bear in mind this distinction between two categories of collegiate institutions functioning under the Bihar University
Section 7 prescribes the Officers of the University who are the Chancellor the Vice Chancellor the Treasurer the Registrar the Deans of Faculties the Finance Officer and such other persons as may be declared by the Statutes to be the officers of the University
Section 16 defines the authorities of the University which are six they are the Senate the Syndicate the Academic Council the Faculties the Examination Board and such other authorities as may be declared by the Statutes to be the authorities of the University
Section 20 deals with powers and duties of the Senate
Under section 201 the Senate shall be the supreme governing body of the University and shall have the entire management of and superintendence over the affairs concerns and property of the University shall exercise all the powers of the University not otherwise provided for to give effect to the provisions of the Act
Section 202 prescribes in particular some of the powers and duties of the Senate amongst them is included the power of making the Statutes
and amending or repealing the same
Section 21 deals with the Syndicate and its composition and section 22 prescribes the powers and duties of the Syndicate
Section 30 deals with statutes
Section 30d provides that subject to the provisions of the Act the Statutes may provide for the admission of educational institutions as colleges and the withdrawal of privileges from colleges so admitted and section 30e provides that the statutes may provide for the institution of colleges and hostels and their maintenance and management
It would thus be seen that proceeding on the basis of the broad distinction between collegiate institutions instituted by the University and those admitted or recognised by it section 30 makes two separate provisions in that behalf
In regard to the institutions admitted or recognised the Statutes can provide for the admission or recognition of such institutions and the withdrawal of such recognition whereas in regard to the institutions instituted by the University the Statutes may provide for the institution of such colleges and their maintenance and management
Section 49 deals with the problem of relations of affiliated colleges with the University and it provides that the said relations shall be governed by the Statutes to be made in that behalf and it prescribes in particular some of the matters which may be covered by the said Statutes
Section 60 provides for the continuance of Statutes Ordinances Regulations and Rules which were in force 884 under the Bihar Acts XXV and XXVII of 1961
Section 60 ii empowers the Vice Chancellor to make adaptations or modifications in the said Statutes Ordinances Regulations and Rules with the approval of the Chancellor in so far as they are not inconsistent with the provisions of the Act and when such adaptations or modifications are made they would be deemed to have been made under the appropriate provisions of the Act
In other words while continuing the operation of the pre existing Statutes power has been conferred on the Vice Chancellor to make adaptations or modifications in the said Statutes subject to the conditions which we have just indicated
This provision came into force on the 1st March 1962 by virtue of the amending provision prescribed by Act 11 of 1962
There is one more provision to which reference must be made before we part with this topic
Section 35 of Act II of 1962 provides for dissolution of the Senate Syndicate and Academic Council functioning prior to the commencement of the said Act and constitution of new Senate Syndicate and Academic Council in their place
It provides that not withstanding anything contained in the Bihar Act XIV of 1960 the respective bodies established under section 3 of the said Act in regard to the Universities covered by the Act shall stand dissolved on the commencement of this Act and thereafter as soon as may be they shall be reconstituted and pending their reconstitution the Vice Chancellor shall exercise their powers and perform their duties under the said Act for a period not exceeding nine months from such commencement
The result of this provision is to authorise the Vice Chancellor to exercise the powers and functions of the respective bodies which stood dissolved for nine months from the date of the operation of this Amending Act or until the said bodies were duly reconstituted
It is by virtue of the power conferred on him by this section that the Vice Chancellor has purported to frame new Statutes some of which are challenged in the present proceedings and has issued the impugned order in pursuance of the said new Statutes
That in brief is the position with regard to the statutory provisions in the light of which the dispute between the parties has to be settled in the present appeal
The two statutes which have been challenged before us may now be set out
This body of new Statutes came to be pro mulgated on the 18th November 1962
After they were thus promulgated the Registrar of the University of Bihar wrote to the Secretaries and Principals of all Admitted Colleges except Constituent and Government Colleges enquiring from them what action had to be taken by the Vice Chancellor or the Syndicate in regard to the constitution of the Governing Body of the respective Colleges and the appointment of 885 Office bearers
The new Statutes consist of 24 clauses but for the purpose of the present appeal we are concerned only with two of them
Clause 2 sub clause 4 provides in the case of the constitution of the Governing Bodies of admitted colleges except colleges owned and maintained by Government framed prior to the making of these Statutes the Vice Chancellor shall have the power to amend or revise the constitution wherever necessary in order to bring it as far as possible in conformity with the provisions of these Statutes Clause 3l reads thus The Syndicate may on its motion or at the instance of the Vice Chancellor dissolve and order constitution of Governing Body in admitted colleges or cancel its grant in aid to the college concerned for any one or more of the following reasons a that the college has failed to comply with the directions issued by the Syndicate under the laws of the University within the specified time b that the college has failed to observe the provisions of the laws of the University c improper utilisation of the various funds of the institution d that the affairs of the college have been grossly mismanaged
Provided however that before ordering dissolution of the Governing Body or before passing such order against the Governing Body the Syndicate shall give a reasonable opportunity to the Governing Body to show cause against such action
 It is clear that cl
24 of the new Statutes expressly confers on the Vice Chancellor the power to amend or revise the constitution of the affiliated colleges and cl
3l empowers the Syndicate to dissolve and order constitution of their Governing Bodies either on its own motion or at the instance of the Vice Chancellor
Clause 3l also empowers the Syndicate to cancel its grant in aid to the college concerned for one or more of the four reasons specified by it
The proviso to cl 3l requires that before the dissolution of the Governing Body is ordered or any similar order is passed under cl 3l reasonable opportunity has to be given to the Governing Body to show cause why such action should not be taken
In substance the High Court has come to the conclusion that these two Statutes and the impugned order are valid
According to the High Court the impugned order cannot be justified under Statute 3l because an opportunity had not 886 been given to the Governing Body of the Rajendra College as required by the proviso
It has however held that the impugned order is valid having regard to the powers confer red on the Vice Chancellor under Statute 24
It also appears that the High Court took the view that the impugned Statutes can be justified by reason of the fact that power has been conferred on the Vice Chancellor to make adaptation or modifications in the pre existing Statutes by section 60ii
The question which arises for our decision is whether the impugned Statute 24 is valid and if yes whether the impugned order is justified
We may also have to decide whether the impugned Statute 31 is invalid either wholly or in part
The question as to whether the power to make adaptations or modifications justifies the impugned order presents no difficulty because we have come to the conclusion that the impugned Statute 24 is itself invalid and so the impugned order must be struck down on that ground
If the statute on the authority of which the impugned order has been passed is itself invalid the power to make adaptations and modifications cannot help to sustain the validity of the impugned order
The power to make adaptations and modifications conferred on the Vice Chancellor by section 60ii of the Act must be read in the light of the substantive provisions contained in section 30d in regard to affiliated college and they can not obviously justify the impugned order if the impugned Statute 24 itself is invalid
This position cannot be disputed and so we go back to the question as to whether the impugned statute 24 is valid
The decision of this question presents also no difficulty because on the face of it the impugned statute is inconsistent with the relevant provisions of the Act
It will be recalled that the Act proceeds on a broad and well recognised distinction between two categories of collegiate institutions one instituted by the University and the other admitted to the University or affiliated to it
Section 410 of the Act is based on this distinction and section 30d  e also proceed on the same distinction
Where the University instituted collegiate institutions naturally the task of instituting is the task of the University and so the management and the maintenance of the said institutions is also the University s responsibility
The position is substantially different where collegiate institutions are started by other autonomous bodies and they seek admission or affiliation to the University
In regard to this class of collegiate institutions their institution as well as their management and maintenance is not the direct concern of the University  that is the concern of the autonomous educational bodies which have sponsored them and which have undertaken the task of instituting managing and maintaining them
it is of course true that when admitting or 887 affiliating such institutions the University can impose reasonable and legitimate conditions subject to the provisions of the Act and it follows that on the failure of such college either to conform to those conditions or on their committing breach of any of those conditions it would be competent to the University under its relevant powers to disaffiliate them and deny them the status of admitted colleges but this power is very different from the power to constitute the Governing Bodies of such autonomous educational bodies
The University may insist upon the observance of conditions in respect of the composition of the Governing Bodies but it cannot direct the composition of the Governing Bodies itself the two powers are distinct and separate
Whereas in the case of institutions started by the University the University has to decide who would constitute the Governing Bodies in the case of affiliated institutions the University can only lay down conditions and regulations which must be satisfied before the Governing Bodies are constituted who should constitute the Governing Bodies is a matter for the autonomous educational bodies which sponsor the collegiate institutions to decide how they should be formed on what principle and on what basis are matters which may well form the subjectmatter of conditions imposed by the University while admitting such colleges or affiliating them
This position in our opinion is plain and has to be borne in mind in considering the validity of the impugned Statute 24
Now what does the said statute purport to do It purports to authorise the Vice Chancellor to amend or revise the constitution wherever it is necessary
It would be noticed that this power is inconsistent with section 30d of the Act
it is a power which can be exercised under section 30e but that would have relation only to collegiate institutions started by the University itself
It can have no relevance to affiliated colleges
If Statute 24 had merely authorised the Vice Chancellor to lay down conditions as to how the Governing Bodies of the affiliated colleges should be constituted it would have been another matter
The University can effectively bring about a change in the composition of the Governing Bodies of affiliated colleges if it is thought necessary and desirable to do so under its relevant powers but that must inevitably take the form of prescribing general conditions in that behalf and leaving it to the affiliated colleges to comply with the said conditions
Non compliance with the said conditions may entail the liability to be disaffiliated but that is very different from giving the power to the Vice Chancellor of the University to make the necessary changes in the Governing Bodies of the affiliated colleges itself
It is plain as we have just seen that this power is inconsistent with section 30d of the Act and as such is invalid
888 How this power has been worked out is evident from the impugned order itself
This order purports to direct the reconstitution of the Governing Body of the Rajendri College with immediate effect in order to bring it in conformity with the provisions of the new Statutes
Then it virtually purports to nominate some members of the Governing Body
It provides that two staff representatives would continue on the Governing Body as at present
Then it adds five persons to the said Governing Body
Then it purports to make a change in regard to the three seats reserved for the Founders Donors Benefactors or Sponsors and nominates three persons in that behalf
It also directs that the co opted member Mr Bishwanath Prasad Mishra will also continue till the fresh co option is held then it nominates Mr Ganga Prasad Sinha Advocate Chapra as the Secretary of the Governing Body of the College with immediate effect
Thus it is plain that the power conferred on the Vice Chancellor by statute 24 has been exercised by him by not only directing how the Governing Body should be constituted on principle but by nominating different persons on the Governing Body
The basis on which a Governing Body should be constituted is very different from nominating several persons on the said Governing Body
It is the latter course which has been adopted by the Vice Chancellor and which is inconsistent with section 30d of the Act
At this stage it is necessary to add that the course adopted by the Vice Chancellor in the present case is also inconsistent with Statute 24 itself
The said Statute merely authorises the Vice Chancellor to amend or revise the constitution of the Governing Bodies of admitted colleges whenever necessary and as we have already held even the conferment of this power is ultra vires the Statute
But what the Vice Chancellor has done has gone beyond even Statute 24 he has not only amended or revised the constitution of the Governing Body but has also nominated certain persons on it
Thus this action of the Vice Chancellor suffers from the double infirmity that it is inconsistent even with Statute 24 and is purported to have been issued under Statute 24 which itself is invalid
Unfortunately the High Court appears to have failed to take into account the basic difference between the two categories of collegiate institutions and the powers conferred on the University severally in respect of them
The view taken by the High Court about the validity of Statute 24 completely obliterates the difference between the two kinds of collegiate institutions and treats all collegiate institutions whether instituted by the University or affiliated to it as falling completely under the management of the University itself
We accordingly hold that Statute 24 is invalid and the impugned order passed under it is therefore invalid and inoperative
889 Then as to statute 31 the Syndicate may have the power to cancel its grant in aid to the callege concerned but in so far as 3la seems to contemplate that if the affiliated college refuses to submit to the order passed by the Syndicate dissolving and ordering reconstitution of its Governing Body the penalty of the cancellation of grant in aid may follow it must be held that that part of Statute 3l is invalid
It would be open to the University to direct that the composition of the Governing Body should conform to conditions which may be changed by the University under its relevant powers and if the said conditions are not duly complied with by the affiliated college or its Governing Body suitable and permissible action may be taken but in so far as Statute 3 1 proceeds on the basis that the Syndicate can itself dissolve the Governing Body and order its reconstitution it suffers from the same infirmity as Statute 24
That is why we hold that Statute 3l in so far as it gives power to the Syndicate to dissolve and reconstitute the Governing Body and enables it to cancel its grant in aid to an affiliated college under 3la for the reason that the direction issued by the Syndicate in that behalf has not been complied with is invalid
The learned Attorney General has relied on the fact that the Vice Chancellor was compelled to pass the impugned order because the affairs of the Rajendra College were mismanaged and a very grave situation arose as a result of which the authorities were faced with a serious law and order problem
In that connection he invited our attention to the statements made in the impugned order in regard to the back ground of circumstances which compelled the issue of that order
These statements were however disputed by the appellant in his writ petition
The High Court has not con sidered the question as to whether the statements made in the impugned order are proved to be true and we propose to express no opinion on that aspect of the matter ourselves
We are however prepared to assume that the Vice Chancellor felt compelled to issue the order and that be acted bonafide in the interests of the students studying in the Rajendra College
It is quite possible that the affairs of an affiliated college may be mismanaged and a situation may arise where either the University or the Vice Chancellor may feel justified in taking drastic action to save the situation because afterall in dealing with the problem of efficient management of affiliated colleges the consideration of paramount importance must always be the interests of the students studying in such colleges and so theoretically there can be no objection to the University being empowered to take suitable and reasonable action to meet emergencies arising from mismanagement of affiliated colleges which expose the students to the grave 890 risk of interruption in their smooth academic work
But the question which we have to decide in the present appeal is not whether the University or the Vice Chancellor should not have such power the question is whether such a power can be claimed by the Statute under the provisions of the Act and that question in our opinion admits of only one answer under the Act as it now stands
The Legislature may consider whether any suitable amendment should be made in that behalf
however is irrelevant to the point with which we are concerned
There is another consideration which we may incidentally mention in this connection
The autonomous bodies which institute colleges and help the progress of higher education in this country are generally run by disinterested persons and it is of some importance that the autonomy of  such bodies should not be unduly impaired
When colleges run by such autonomous bodies seek affiliation to a University the University undoubtedly has a right to impose reasonable conditions for affiliation and normally the supervision exercised by the University over the affairs and administration of its affiliated colleges effectively serves the purpose of  requiring the said colleges to conform to the pattern of management and education in force in the Government colleges or colleges instituted by the University
In resolving a possible dispute between affiliated colleges and the University attempt should be made to respect the autonomy of the colleges and reconcile the same with the supervisory powers of  the University which are intended to be exercised in order to make functioning of the affiliated colleges efficient and progressive
Both the University and the affiliated colleges seek to serve the cause of higher education and there should really be no serious dispute as to the principles on which their mutual relations should be regulated
Unfortunately in the present case the Vice Chancellor appears to have acted with some haste and he has exercised powers Linder Statutes which were themselves hastily framed and which are plainly inconsistent with the provisions of the parent Act
There is one more point to which we must refer before we part with this appeal
The validity of the Statutes was
challenged by the appellant on the additional ground that when they were made by the Vice Chancellor the power con ferred on him by section 35 of Act 11 of 1962 had come to an end
The said section empowered the Vice Chancellor to exercise the powers of the appropriate Bodies of the University for a period not exceeding nine months or until the respective Bodies were reconstituted
The appellant s case before the High Court was that the Senate had been reconstituted in the first week of November 1962 and in fact
notices had been issued to call for a meeting of the said Senate on the 891 30th November
That being so with the reconstitution of the Senate the statutory power of the Vice Chancellor under section 35 came to an end and so the Statutes which were promulgated on the 18th November 1962 were invalid
The High Court has rejected this contention mainly on the ground that the Senate was not duly constituted even on the 30th November 1962 inasmuch as the application of Mr Baleshwar Prasad Choudhary filed in the High Court was still pending and the question had still to be decided as to whether he was entitled to be a member of the Senate as being a donor of the Dalsingsarai College
The High Court thought that since an order of stay had been passed by it there could be no meeting of the Senate even on the 30th November 1962 and so after address of the Chancellor the meeting bad to be adjourned
It appears that the stay order passed by the High Court was in relation to the direction issued by the Chancellor prohibiting Baleshwar Prasad Choudhary from acting as a member of the Senate and that strictly may not have a material bearing on the question as to whether the Senate had been properly constituted before the 18th Novem ber 1962 or not
The appellant s case is that since a meeting of the new Senate bad been called for the 30th November by a notice issued in that behalf on the 8th November it postulates that the Senate had been duly constituted before the 8th of November and for the proper reconstitution of the Senate it was not necessary that it should actually hold its first meeting
On the other hand the learned Attorney General contends that the material adduced on the record of these proceedings is wholly insufficient to justify the finding that the Senate had been duly constituted before the 18th November 1962
We are satisfied that the contention raised by the Attorney General is sound 
On the available material we see no evidence on which it could be held that a Senate had been reconstituted on any particular date and so we do not propose to record any conclusion on this part of the appellant s case
All that we would like to add is that the finding of the High Court on this point should not be taken to be binding and if in future this question arises it may have to be decided on the merits afresh
The result is the appeal is allowed the order passed by the High Court is set aside and the writ petition filed by the appellant is allowed
An order will accordingly be issued restraining the respondents from giving effect to the impugned order Annexure A because the said order and Statute 24 and a part of Statute 3l on which it is based are invalid and inoperative
The appellant would be entitled to his costs from respondent No 1 throughout
Appeal allowed


Summary:
The Vice Chancellor of the Bihar University by an order dated January 13 1963 directed the reconstitution of the Governing Body of the Rajendra College Chapra which was a public institution founded by public charities and was affi liated to the University under section 2d of the Bihar State Universities Patna University of Bihar Bhagalpur and Ranchi Act 1960 removed the appellant who was the Secretary of the College and nominated certain persons as members of the Governing Body
The Act of 1960 was amended by Act II of 1962 and section 35 of the Amending Act provided for the dissolution of the Senate Syndicate and Academic Council functioning prior to it and for the constitution of new bodies in their place and authorised the Vice Chancellor pending such reconstitution to exercise their powers for a period not exceeding nine months
In exercise of the power conferred by this section the Vice Chancellor framed new statutes under which he purported to pass the impugned orders
Clause 24 of the new statutes conferred on the Vice Chancellor the power to amend or revise the constitution of the affiliated colleges and cl
3l empowered the syndicate either on its own motion or at the instance of the Vice Chancellor to dissolve and order constitution of Governing Bodies
It further empowered the cancellation of grants in aid to the colleges concerned
The proviso to cl 3l required that reasonable opportunity must be given to the Governing Body before any action was taken under the clause
The appellant moved the Patna High Court for a writ quashing the impugned order and the statutes on which it was made
His case was that the relevant statutes were ultra vires and as such the order was unsustainable
The High Court held that the impugned order could not be justified under cl
3l as the proviso had not been complied with but that the order was valid under cl
It further held that the impugned statutes could be justified by section 60aii which was introduced by Act II of 1962 empowering the Vice Chancellor to make adaptations or modification in the pre existing statutes
HeldThe Bihar State University Act of 1960 made a clear distinction between two categories of collegiate institutions 1 those owned and maintained by the university and 2 others admitted or affiliated to the University as was apparent from sections 410 and 30d and e of the Act
While the University had undoubtedly the power to disaffiliate an institution belonging to the second category on its failure to conform to reasonable and legitimate conditions under the Act subject to which the affiliation was granted it had no power to dissolve and 880 constitute the Governing Body of such an institution itself
Clause 24 of the Statutes was inconsistent with section 30d of the Act and must be held to be invalid
The impugned order passed under it therefore must be invalid and inoperative
Clause 3l of the statute in so far as it proceeded on the basis that the syndicate could itself dissolve the Governing
Body and order its reconstitution suffered from the same infirmity as cl
That clause in so far at it gave the syndicatethe power to dissolve and reconstitute the Governing Body and cancel grants in aid to an affiliated college for non compliance with its direction issued in that behalf must consequently be held to be invalid
The power conferred by section 60ii of the Act must be read in the light of the provisions of section 30d in regard to affiliated colleges and since statute 24 was itself invalid the section could not justify the impugned order
In resolving disputes between affiliated colleges and the university attempt should be made to respect the autonomy of the colleges and reconcile the same with the supervisory powers of the University intended to be exercised in the interest of efficiency and progress