JUDGMENT : Heard the learned counsel for the parties. 2. In this writ petition, the petitioner has challenged Memo No. VBU/Esstt/IOC-25/834/2020 dated 18.5.2020 (Annexure-3) by which, the Vice Chancellor, Vinoba Bhave University, Hazaribagh, has constituted Ad hoc Governing Body of the Jharkhand Evening College, Koderma, Ashram Road, P.O. Jhumri Telaiya, P.S. and District-Koderma. Further the authority of the Vice Chancellor, to constitute the said Ad hoc Governing Body is also under challenge, on the ground of lack of jurisdiction. 3. Mr. Ajit Kumar, learned senior counsel for the petitioner, submits that the Governing Body of the college had already been constituted and is managing the affairs of the college. When already a Governing Body duly constituted as per law exists, without dissolving the same, the Vice Chancellor does not derive any power or authority under the Universities Act or the Statute framed thereunder, to constitute an Ad hoc Governing Body by the impugned order. It is his contention that the college being a Private unaided college, though affiliated with Vinoba Bhave University, Hazaribagh, the Vice Chancellor of the University has got no power to interfere with the constitution of the Governing Body, which was duly constituted in terms of Section 60(1) of the Jharkhand State Universities Act, 2000 (hereinafter to be referred as 'the Universities Act') and being a Private unaided college, the University has got no right to interfere with the affairs of the College. It is his further contention that it is only the founders of the college, who have the right to constitute the Governing Body, but in accordance with Section 60 of the Universities Act. Since there is no complain of any violation of Section 2. 60 of the Universities Act, the impugned action of the Vice Chancellor, constituting the Ad hoc Governing Body is bad and the same needs to be set aside. 4. Dr. Ashok Kumar Singh, learned counsel for the University, submits that it is only the Vice Chancellor, who is authorized under the Universities Act to constitute a Governing Body of a private unaided college. Since the affiliation is granted by the University, the University derives power from the Act and the Statute to constitute the Governing Body of any college, being a private unaided college or minority college or a government college. Since the affiliation is granted by the University, the University derives power from the Act and the Statute to constitute the Governing Body of any college, being a private unaided college or minority college or a government college. He further submits that Section 60(4) of the Universities Act gives ample power to the Vice Chancellor to constitute an Ad hoc Governing Body for the management of the college. Since the Vice Chancellor has the power under the Act to constitute an Ad hoc Governing Body, it will be deemed that he is vested with power to constitute Governing Body of the college. Since the original Governing Body was not formed by the Vice Chancellor, an Ad hoc body was constituted by the Chancellor vide the impugned order. It is his further contention that even if the contention of the petitioner is taken to be correct that there exists a Governing Body, but the said Governing Body consists of 14 persons, which is against the provision of Section 60(1) of the Universities Act, as the same provides that a Governing Body should consist of only 07 persons. In the instant case, the Governing Body consisted of 14 persons, which makes the same void. As per him, since the Governing Body is not constituted as per the Universities Act or Statute and not by the Vice Chancellor, the Vice Chancellor by exercising power and jurisdiction under Section 60(4) of the Universities Act has constituted the Ad hoc Governing Body till a fresh Governing Body is duly constituted as per Section 60(1) of the University Act by the University. He takes this Court through the statute framed under the Universities Act regarding constitution of the Governing Body. He refers to several provisions of the Act and Statute to impress the Court that it is only the Vice Chancellor/Syndicate, who is empowered to constitute the Governing Body of any college. He also submits that there is no specific bar either in the Act or in the Statute which debars the Vice Chancellor of the University to appoint the Governing Body of the college. Since there is no bar, it is well within the jurisdiction of the Vice Chancellor to constitute a regular Governing Body and when there is no regular Governing Body, the Vice Chancellor can very well constitute the Ad hoc Governing Body, which has been done in the instant case. Since there is no bar, it is well within the jurisdiction of the Vice Chancellor to constitute a regular Governing Body and when there is no regular Governing Body, the Vice Chancellor can very well constitute the Ad hoc Governing Body, which has been done in the instant case. He lastly submits that the minutes of the meeting as presented by the petitioner would suggest that the governing body cannot be said to be a Governing Body rather it is a Managing Committee. On the aforesaid submission he prays for dismissal of the writ petition. 5. After hearing the learned counsel for the parties, I find that the main issue which falls for determination by this Court is: Whether the Vice Chancellor or the University is vested with any power to constitute a regular Governing Body for the management and administration of the affiliated college including private unaided affiliated college. 6. The fact that the petitioner-college is a private unaided college is not disputed. It is also not disputed that the petitioner-college is affiliated with Vinoba Vabhe University, Hazaribagh. It is contended by the petitioner that a regular Governing Body duly exists, consisting of 14 members and as per the petition, this 14 members regular Governing Body has been constituted strictly as per the provisions of Section 60(1) of the Universities Act. Document to that effect has been brought on record. In this case, inspite of existence of a Governing Body, an Ad hoc Body has been constituted. 7. Section 60 of the Universities Act provides for establishment of the Governing Body of a college. As per Section 60(1) of the Universities Act, there should be a Governing Body for management and administration of each affiliated college. Further Sub-Section (2) of the Act provides for the term of the office of the members of the Governing Body, their powers and functions, as per the provisions prescribed under the statute. As per sub-section(3) of the Act, any act or proceedings of the Governing Body of such affiliated colleges shall not be invalid merely because of any vacancy or vacancies in its membership. As per sub-section(3) of the Act, any act or proceedings of the Governing Body of such affiliated colleges shall not be invalid merely because of any vacancy or vacancies in its membership. By virtue of Sub-Section (4) of Section 60 of the Universities Act, the Vice Chancellor has been conferred with the power to constitute an Ad hoc committee for the management of the college so long as Governing Body is not constituted in accordance with the provisions contained in sub-section(1) of Section 60 of the Universities Act. For better appreciation, it is necessary to quote Section 60 of the Universities Act, which runs as under; “60. The Governing body.-(1) There shall be governing body for the management and administration of each affiliated college other than a college owned and maintained by the State Government or a college established and administrated by a minority community on the grounds of religion or language or an affiliated technical or medical college. It shall consist of following members; Principal of the College-Ex-Officio, a member elected by and from amongst the teachers of the college, a representative of the University nominated by the 2[Vice-Chancellor] an officer of the State Government posted in the district, being not below the rank of a sub-division magistrate, nominated by the 1[Vice-Chancellor] a member elected by such donors form amongst themselves as has donated at least twenty five thousand rupees to the College, One member to be nominated by the -1[Vice-Chancellor], who is a member of the Parliament or the State Legislature and mainly resides in the district of the area in which the College is situated; and One member co-opted by the Governing body from amongst such educationists or persons residing in the district where the college is situated as are reputed for their academic interest. (2) The term of office of the members of the Governing body, their powers and functions shall be such as are prescribed by the Statutes. (3) Any act or proceedings of the Governing body of affiliated colleges shall not be invalid merely because of any vacancy or vacancies in its member ship. (4) The 1[Vice-Chancellor shall constitute and adhoc committee for the management of the College so long as Governing body is not constituted in accordance with the provisions contained in sub-section (1). (3) Any act or proceedings of the Governing body of affiliated colleges shall not be invalid merely because of any vacancy or vacancies in its member ship. (4) The 1[Vice-Chancellor shall constitute and adhoc committee for the management of the College so long as Governing body is not constituted in accordance with the provisions contained in sub-section (1). (5) The Governing body/ Managing Committee for the management and administration of a College owned and maintained by the Government, or established and administered by a minority community, on the ground or religion or language and declared, from time to time, as such by the State Government according to yard stick laid down by it, or of any affiliated technical or medical college shall be constituted in accordance with the provisions prescribed in the Statues.” 8. From perusal of the aforesaid provision, I find that Sub-section(1) of Section 60 of the Universities Act provides for constitution of a Governing Body of an affiliated college, which is quoted herein above. Section 60(4) of the Act gives power to the Vice Chancellor to constitute An ad hoc Committee. The very term 'Ad hoc' refers to a situation, which is temporary in nature, it cannot be permanent. The Committee which is formed as per Section 60(4) of the Act by the Vice Chancellor is temporary and is ad hoc till a regular Governing Body is constituted in terms of Section 60(1) of the Act. Thus, the body which is constituted under Section 60(1) of the the Act is a permanent Governing Body. 9. As per Section 60(1) of the Universities Act, there are two types of Governing Body, one is permanent and one is temporary. Who is the Authority to constitute the body is also provided in the aforesaid Section. The specific power vested upon the Vice Chancellor is in terms of Section 60 (4) of the Act, which provides for formation of Ad hoc Governing Body in absence of permanent Governing Body. No such power is vested with the Vice Chancellor in Section 60(1) of the Act. The Legislature thus has consciously laid down this distinction, giving power to the Vice Chancellor only to constitute Ad hoc Governing Body. The intention of the Statute is not to the extend the said power with the Vice Chancellor in Section 60(1) of the Act. No such power is vested with the Vice Chancellor in Section 60(1) of the Act. The Legislature thus has consciously laid down this distinction, giving power to the Vice Chancellor only to constitute Ad hoc Governing Body. The intention of the Statute is not to the extend the said power with the Vice Chancellor in Section 60(1) of the Act. If the contention of the counsel for the University to the effect that it is only the Vice Chancellor who has power to constitute the permanent Governing Body is accepted, then in my opinion, there was no necessity of Section 60(4) of the Universities Act to give specific authority to the Vice Chancellor to constitute an Ad hoc Governing Body. No where in Section 60(1) of the Act, it has been provided that the Governing Body will have to be mandatorily constituted by the Vice Chancellor of the University. In fact, this is not the intention of the framers of the statute. Thus the proper and harmonic interpretation of Section 60(1) read with Section 60(4) of the Act will lead to the only conclusion that the Vice Chancellor is only authorized to constitute an Ad hoc Governing Body, whereas the College/its Management/Sponsoring Authority are empowered to constitute the Permanent Governing Body, strictly in terms of Section 60(1) of the Universities Act. 10. If I go through the “statute” under the Act regarding constitution of the Governing Body, I find that it also provides that there has to be a Governing Body of an affiliated college, consisting of the members mentioned therein. It is necessary to quote the provision of the Statute for reference, which is as follows:- 32. Statute regarding Governing Body. Management and constitution of Governing Body. 1. There shall be a Governing Body constituted for management and administration of every admitted College other than college owned and maintained by the State Government or College established and administered by religious linguistic minorities or admitted as Technical or Medical colleges which shall consist of the following members:— (i) Principal of the College-Ex-officio. (ii) One teacher elected from and by the teachers of the College. (iii) One representative of the University nominated by the Syndicate. (iv) One Government Officer of the State Government not below the rank of the Sub- divisional Magistrate posted in the district nominated by the Syndicate. (ii) One teacher elected from and by the teachers of the College. (iii) One representative of the University nominated by the Syndicate. (iv) One Government Officer of the State Government not below the rank of the Sub- divisional Magistrate posted in the district nominated by the Syndicate. (v) One member elected from amongst themselves by Donors Who have donated not less than Rs. 25,000/-to the college. (vi) One member either of Parliament or the State Legislature residing in the district preferably of the locality where the college is situated nominated by the Syndicate. (vii) One member co-opted by the Governing Body from amongst the educationist or persons noted for their academic interest residing in the district where the college is situated: Provided that in the case of colleges owned and maintained by the Government, the Governing Body consisting of seven members shall be constituted by the Syndicate in consultation with the State Government: Provided further that in the case of colleges established and ministered by minorities based on religion or language or Medical/Engineering colleges other than those maintained by the Government the Governing Body shall be constituted by the Syndicate after considering the advice of the sponsors authorities of the college concerned. But where however the Syndicate is not able to satisfy itself about the bonafides of sponsors authorities of any such college or for any other reason it may constitute an Ad-hoc committee consisting of not more than 5 members. (2) (i) If for any reason the Governing Body of an admitted college is not constituted, the Syndicate shall constitute an Ad-hoc committee of not more than retary of the Ad-hoc committee shall be nominated by the Vice-chancellor. (ii) If any difficulty arises in the formation or the filling up of any seat in the Governing Body of any admitted college for any reason what-so-ever, the Syndicate shall on its own initiative or on reference to it shall decide the issue. If anybody, however, is dissatisfied with the decision of the Syndicate, he shall have the right of appeal to the Chancellor within thirty days of the decision whose decision thereon shall be final and binding on the persons concerned. 11. In the Statute also, nowhere power has been vested with the Vice Chancellor or the Syndicate to constitute the Governing Body of a Private unaided college. 11. In the Statute also, nowhere power has been vested with the Vice Chancellor or the Syndicate to constitute the Governing Body of a Private unaided college. If I analyze the proviso of Clause (1) of the statute, I find that in the case of colleges owned and maintained by the Government, the Governing Body would be consisting of seven persons and shall be constituted by the Syndicate in consultation with the State Government. Thus only in a case of colleges maintained and owned by the Government, the Governing Body will be constituted by the Syndicate. The second proviso relates to the Constitution of the Governing Body in respect of minority colleges based on religion or languages or Medical/ Engineering college, other than owned and maintained by the State. As per the said proviso, the Governing Body of these colleges i.e. minority colleges based on religion or languages or Medical/ Engineering college other than a college owned and maintained by the Government, should be constituted by the Syndicate, but only after considering the advice of sponsoring authorities of the college concerned. This means a fair amount the power has been vested with the sponsoring authority of the college in constitution of the Governing Body of those Colleges. This interpretation is also substantiated further more by the wordings of the proviso itself, wherein it has been mentioned that when the syndicate is not able to satisfy itself about the bona fides of the sponsoring authority of any such college for any reason, then only, syndicate may constitute an ad hoc committee of not more than five members. This means if there is a dispute, difference or confusion between the syndicate and sponsoring authority of such colleges in respect of constitution of the Governing Body, then also the opinion of the syndicate will not be supreme and will not permanently over ride the opinion of the sponsoring authority of the college. Then the only remedy is to form an ad hoc governing body of five members so that in near future a permanent Governing Body can be constituted. This substantiate that the Syndicate or the Vice Chancellor of the University is not the supreme authority to constitute the Governing Body. Then the only remedy is to form an ad hoc governing body of five members so that in near future a permanent Governing Body can be constituted. This substantiate that the Syndicate or the Vice Chancellor of the University is not the supreme authority to constitute the Governing Body. This view is further strengthened by Clause-2 of the Statute, which provides that for any reasons if the Governing Body of an affiliated college is not constituted, the syndicate shall constitute an ad hoc committee of not more than five members until the regular Governing Body is constituted. This provision clearly provides for the situation, when the Governing Body is not constituted. A college cannot run without a Governing Body. To over come the scenario, where a permanent Governing Body is not constituted, the power is given to the Syndicate to constitute an ad hoc committee. Similarly the Vice Chancellor is also given the power to constitute an Ad hoc Governing Body, when there is no permanent Governing Body of the college exists. 12. Thus, interpreting the aforesaid provisions, I hold that the power of the Vice Chancellor is limited only to the extent of constituting an Ad hoc Governing Body. It is the sponsoring authority of the college or the Society which forms the college or the management of the College (in whatever name it is called), which has power to constitute the Governing Body of the Private Unaided College, but strictly as per Section 60(1) of the Universities Act. 13. Now the question which falls for consideration as to whether the Governing Body of the College can be limited to only seven persons, consisting of the members and the authorities as mentioned in Section 60(1) of the Act as claimed by the learned counsel for the University. 14. Nowhere in the Act or in the Statutes, it has been spelt out that the maximum number of members of the Governing Body would be 7 persons in respect of college, which is established by private entity. The only restriction, as per the statute, is in respect of Government College which provides that the Governing Body of Government Colleges would be limited to seven members. 15. In the instant case, I find that there are fourteen members constituting the Governing Body, which has been constituted by the sponsoring authority of the college. The only restriction, as per the statute, is in respect of Government College which provides that the Governing Body of Government Colleges would be limited to seven members. 15. In the instant case, I find that there are fourteen members constituting the Governing Body, which has been constituted by the sponsoring authority of the college. Though in some of the resolutions, the body has been termed as “Managing Committee” and in some as “Governing Body”, but the mere words will not change the formation as per Section 60(1) of the Universities Act. 16. Further from the impugned order, it appears that the ad hoc Governing body has been constituted by the Vice Chancellor without dissolving the existing body. Until and unless the existing Governing Body is dissolved or it has been held that the said body which is functioning as the Governing Body is illegally constituted and does not comply with the provision of Section 60(1) of the Universities Act, the Vice Chancellor does not derives any power to form an Ad hoc Governing Body. Only after dissolution of existing Governing Body, as per law, steps can be taken to constitute an ad hoc Governing Body till the permanent Governing Body is framed. The word 'ad hoc' as mentioned earlier is temporary arrangement, any ad hoc Governing Body cannot run for time immemorial. 17. Considering what has been held above, the impugned order as contained in Memo No. VBU/Esstt/IOC-25/834/2020 dated 18.5.2020 (Annexure3) by which, the Vice Chancellor, Vinoba Bhave University, Hazaribagh has constituted Ad hoc Governing Body of the Jharkhand Evening College, Koderma is quashed and set aside. The petitioner will place the constitution of the Governing Body of the college before the Vice Chancellor, Vinoba Bhave University, Hazaribagh, who will examine whether the Governing Body is constituted as per the requirement mentioned in Section 60(1) of the Universities Act and if necessary the University will nominate their nominees. 18. It is made clear that save and except the nominees who are supposed to be nominated by the University strictly in terms of Section 60(1) of the Universities Act, the University cannot transgress their power by nominating any other persons, as per their wish. The entire exercise should be concluded within two months from the date of receipt of a copy of this order. 19. With the aforesaid observation and direction, this writ petition stands allowed. 20. The entire exercise should be concluded within two months from the date of receipt of a copy of this order. 19. With the aforesaid observation and direction, this writ petition stands allowed. 20. Since this writ petition is allowed, all pending interlocutory applications, if any, stand disposed of.