ORDER Arun Tandon, J.—Heard Sri P. S. Baghel on behalf of petitioners and learned standing counsel on behalf of respondents. 2. The Committee of Management of K.A. Post Graduate College, Kasganj, Etah, through its Manager Sri Vinay Kumar Jain, has filed this writ petition against the order dated 2.7.2004 whereby the Committee of Management of the said institution has been suspended in exercise of powers under Section 58 (2) of the State Universities Act, 1973 (hereinafter referred to as the Act). A copy of the said order has been enclosed as Annexure-1 to the writ petition. 3. On behalf of the petitioner it is contended that although the order under Section 58 (2) of the Act has been issued by the State Government on 2.7.2004 but till date the petitioner has not been issued any notice under Section 57 of the Act. Therefore, the impugned order of the State Government passed in exercise of power under Section 58 (2) of the Act cannot be sustained. 4. On behalf of respondents it is submitted that since the State Government has taken a decision to issue a notice under Section 57 of the Act the impugned order has rightly been passed under Section 58 (2) of the Act. 5. The contention of the respondents is misconceived. For appreciating the controversy involved in the writ petition it is necessary to have a look to the provisions of Section 58 (2) of the Act which reads as follows : “58 (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.” 6. In the opinion of the Court the words “while issuing notice under Section 57” necessarily imply that the order suspending the Committee of Management under Section 58 (2) and notice under Section 57 of the Act must be issued simultaneously and not otherwise. An order under Section 58 (2) of the Act cannot be issued in contemplation of the notice under Section 57 of the Act. 7. An order under Section 58 (2) of the Act cannot be issued in contemplation of the notice under Section 57 of the Act. 7. In the present case, the impugned order of suspension has been passed on 2.7.2004 and till date no notice under Section 57 of the Act has been issued to the petitioner. Therefore the impugned order cannot be legally sustained. 8. In view of the aforesaid the writ petition is allowed. The impugned order dated 2.7.2004, contained in Annexure-1 to the writ petition is hereby set aside. However, it is provided that it would be open to the State Government to proceed in accordance with law.