Judgment 1. Heard learned counsel for the parties. 2. Sub-section (13) of Section 18 of the Bihar State Universities Act, 1976 (hereinafter referred to as the Act) provides that every person who has given to the satisfaction of the Chancellor whether in one or more instalments, a sum of not less than one lac rupees in cash or in the shape of property of the equivalent value to or for the purposes of the University or of a College shall become the life member of the Senate. 3. There is no dispute that the petitioner has given to the satisfaction of the Chancellor of Magadh University a sum of rupees one lac in cash by way of a cheque to an affiliated college of the said university. The petitioner, therefore, has asked for being appointed as the life member of the Senate of the said University. This request has been turned down and hence this writ petition. It is the contention of the University that the word "College" occurring in subsection (13) of Section 18 of the Act refers to those colleges which have been defined by sub-section (f) of Section 2 of the Act, and an "Affiliated College", which has been defined in sub-section (c) of Section 2 of the Act does not come within the ambits of such definition. 4. The learned counsel appearing on behalf of the petitioner submitted that the word "college" as referred to in sub-section (13) of Section 18 of the Act is certainly a college as defined in sub-section (f) of Section 2 of the Act, but sub-section (f) of Section 2 of the Act defines "college" by using the words "means an institution maintained or controlled by University or maintained by the State Government...." He submitted that the legislature consciously used a disjunctive word "or" and not "and" and, therefore, if the College is controlled by the University, though the College is an affiliated college, the same will come within the purview of the meaning of the word "College", as mentioned in sub-section (13) of Section 18 of the Act. 5. The learned counsel for the petitioner has drawn my attention to Section 23 of the Act which provides power and duties of the Syndicate and which includes any work assigned to it, amongst others, by the Vice Chancellor. 5. The learned counsel for the petitioner has drawn my attention to Section 23 of the Act which provides power and duties of the Syndicate and which includes any work assigned to it, amongst others, by the Vice Chancellor. He has drawn my attention to Section 25 of the Act which authorizes the Academic Council to determine and regulate all academic matters concerning the University in accordance with the Act and the Statute. He has also drawn my attention to Section 59 of the Act which provides amongst others, that the affiliated Colleges shall be governed by the Statutes, and such Statutes shall provide in particular for the exercise by the University of the powers, amongst others, to lay down minimum educational qualifications for the different classes of teachers and tutorial staff employed by such Colleges; to approve the action taken by the governing bodies of such Colleges in regard to creation of post of teachers, their appointments, dismissal, discharge, removal from service, termination of service and determination of term of post and to approve the deputation of teachers to the Intermediate College delinked from the affiliated College: to co-ordinate and regulate the facilities provided and expenditure incurred by such Colleges in regard to libraries, laboratories and other equipments for teaching and research: to require such Colleges, when necessary, to confine the enrolment of students to certain specific subjects: to regulate conditions of service of teachers of such Colleges including the grant of leave with or without allowances and the constitution of pension, insurance, and provident funds for the benefit of such teachers: and to require satisfactory arrangements for tutorial and similar other work in such Colleges and to inspect such arrangements from time to time. He has also drawn my attention to Section 57 of the Act, which provides that appointment of Lecturers of affiliated Colleges shall be made on the recommendation of the Bihar College Service Commission and which also provides that the Bihar State University (Constituent Colleges) Service Commission shall hold every year a qualifying test for appointment of Lecturers in Universities, Constituent Colleges, Affiliated Colleges. He thus submitted that once a College is affiliated, the entire academic side of the affiliated College is taken over by the University and the University becomes vested with the control thereof. He thus submitted that once a College is affiliated, the entire academic side of the affiliated College is taken over by the University and the University becomes vested with the control thereof. He next submitted that Section 60 of the Act provides the Constitution of the Governing Body of the affiliated College. He submitted that the Governing Body of an affiliated College, according to Section 60 of the Act, is comprised of seven membersone of them is the Principal of the College, the other of them is a Member elected by and from amongst the teachers of the College, and another to be elected amongst the donors and one more to be co-opted by the Governing Body and the remaining three are to be nominated, and all of them are to be nominated by the Vice Chancellor. 6. The learned counsel also drew my attention to the Statute regarding Governing Body of affiliated College and pointed out that every action of the Governing Body, by the said Statute, is controlled by the University. He submitted that the Vice Chancellor has the power even to nominate and authorise, in the absence of the Secretary, another member of the Governing Body to jointly operate the accounts of the College. He also pointed out that every step that is required to be taken by the College to function has been controlled by the provisions provided for in the Statute. The learned counsel for the petitioner, therefore, concluded that the definition of "Affiliated College" as contained in sub-section (c) of Section 2 holds good until such time the affiliated College obtains the affiliation. He submitted that the moment the affiliation is granted, it comes within the full control of the University and accordingly becomes a College within the meaning of sub-section (f) of Section 2 of the Act, and as such the affiliated College should also be treated to be the College within the meaning of sub-section (13) of Section 18 of the Act. 7. The learned counsel for the State submitted that it is true that the moment a College obtains an affiliation in terms of the Act and in terms of the statute, the University obtains a large control over the affiliated College, but the University does not acquire full control. 7. The learned counsel for the State submitted that it is true that the moment a College obtains an affiliation in terms of the Act and in terms of the statute, the University obtains a large control over the affiliated College, but the University does not acquire full control. He submitted that although in terms of Section 60, the Act has given the direction as to how Governing Body of the affiliated College shall be constituted and although the Act has authorised the Vice Chancellor to constitute an adhoc committee for management of the College so iong as the Governing Body is not constituted in accordance with the provisions contained in Section 60 but ultimately it is the governing Body which remains in the helm of affairs of the affiliated College and controls the affiliated College and controls the affairs as well as the management of the affiliated College. He submitted that is true that teachers are to be appointed as prescribed for. The University cannot take the risk of the students being taught by people not qualified according to the standards of the University. He submitted that one of those teachers as well as the the Principal of the College are the two members of the Governing Body and three members of the Governing Body are nominated by the Vide Chancellor and the remaining two though are outsiders the fact remains that after such nomination or after such election the members of the Governing Body functions in their individual capacity as such member and are not under any direct control or supervision of the University at least neither the act, nor the statute provides the same. 8. Learned counsel further submitted that it would be evidenced from the statute itself that it is the Governing Body which is required to govern and manage the affairs of the college and in relation thereto, to some extent though by the statute, there are certain controls, but there is no full control there to. 9. 8. Learned counsel further submitted that it would be evidenced from the statute itself that it is the Governing Body which is required to govern and manage the affairs of the college and in relation thereto, to some extent though by the statute, there are certain controls, but there is no full control there to. 9. It was submitted by the learned counsel for the Chancellor of the University that in any event the most important ingredient in management of the affairs of an institution, namely, finance is managed and controlled independently by the University, although as submitted by the learned counsel for the petitioner, it may be the responsibility of the affiliated College to pay salaries of the teachers and other employees of the affiliated College at the same scale as the teachers and other employees of constituent Colleges are paid. It was submitted that neither the State nor the Vice Chancellor or the Senate or the Syndicate or the University as such has any say in the matter of preparation and approval of the budget of an affiliated College and accordingly each affiliated College is responsible to raise and spend their funds, and though in relation to maintenance of accounts of such funds, there are certain directions but in relation to raising and spending of the same there is no control or supervision by the University and accordingly it was submitted that although the University may have some control over affiliated College but it does not have full control over the affiliated College and the word "control" as used in sub-section (f) of Section 2 of the Act should mean "full control". 10. The word "control" used in subsection (f) of Section 2 of the Act means "control" in every sphere. The learned counsel for the petitioner has fairly accepted the fact that the college where the petitioner has made donation, pays, salaries to its teaching and non-teaching staff from its own resources. Therefore, in relation to payment of such salary which though may be equivalent to salaries paid to teaching and non-teaching staff of constituent Colleges, the University or the State Government has no obligation. The College itself is required to arrange the funds for payment of such salary. There is no provision either in the Act or in the Statute requiring affiliated Colleges to obtain approval of their budget from the University. The College itself is required to arrange the funds for payment of such salary. There is no provision either in the Act or in the Statute requiring affiliated Colleges to obtain approval of their budget from the University. In such view of the matter although there may be some control by the University over certain limbs of affiliated Colleges but the University does not have any control over the arteries of the affiliated Colleges through which blood flows i.e. finance, and accordingly I have to accept the submissions of the learned counsel for the Chancellor, that an "Affiliated College" is not a College within the meaning of sub-section (f) of Section 2 of the Act, and sub-section (13) of Section 18 of the Act refers to a Colleges as defined by sub-section (f) of Section 2 of the Act. 11. With the above observations, the writ petition is disposed of.