Judgment

HIDAYATULLAH, J. : These are eight appeals against the judgment and decree of the High Court of Allahabad dated July 15, 1960, with special leave granted by this Court. By the writ petitions, which failed before the High Court, the appellants had asked that Resolutions Nos. 90, 94 to 96 and 99 to 102 passed by the Executive Council of the Benaras Hindu University on May 15, 1960, terminating their services from June 1, 1960, be quashed. The names of the appellants, the posts they held and the gist of the Resolutions passed against them have been set down below :

Group I

1. Dr. Akshaibar Lal : (C. A. No. 482 of 1960) Reader in College of Agriculture.

(Resolution No. 100 - 4 months pay in lieu of notice)

2. Dr. Gopal Tripathi : (C. A. No. 482 of 1960) Professor of Chemical Engineering and Principal, College of Technology.

(Resolution No. 101 - 4 months pay in lieu of notice)

3. Pandit Ram Vias Pandey : (C. A. No. 486 of 1960) Reader and Head of Department of Jyotish - Sanskrit Mahavidyalaya.

(Resolution No. 99 - Under cls 4 and 7 of the agreement dated March 26, 1931 and Ordinance No. 6 of the Ordinances of the University - 6 months pay in lieu of notice).

4. Dr. Gauri Shankar Tiwari : (C. A. No. 487 of 1960) Lecturer in Chemistry - Central Hindu College (Kamachha)

(Resolution No. 102 - 4 month s pay in lieu of notice)

Group II

5. Dr. Ram Deo Misra : (C. A. No. 481 of 1960) Professor and Head of Department of Botany, College of Science.

(Resolution No. 94 - under cls. 4 and 7 of the agreement dated February 3, 1959 and Ordinance No. 6 of the Ordinances of the University- 4 months pay in lieu of notice)

6. Mr. Ganesh Prasad Singh : (C. A. No. 483 of 1960) Lecturer in Physical Education, Teachers Training College.

(Resolution No. 95 - under cls. 4 and 7 of the agreement dated January 18, 1946 and Ordinance No. 6 of the Ordinances of the University- 6 months pay in lieu of notice)

7. Mr. Radhey Shyam Sharma : (C. A. No. 484 of 1960) Lecturer, College of Technology

(Resolution No. 90 - under cls. 4 and 9 of the agreement dated January 21, 1957 and Ordinance No. 6 of the Ordinances of the University - 4 months pay in lieu of notice)

8. Dr. Ram Yash Roy : (C. A. No. 485 of 1960) Lecturer in Botany, College of Science.

(Resolution No. 96 - under cls. 4 and 7 of the agreement dated August 12, 1932 and Ordinance No. 6 of the Ordinances of the University - 6 months pay in lieu of notice).

2. The cases of the appellants are very similar; but fall into two groups as indicated above. The differences are not many, and some of them are indicated in the gist of the Resolutions noted against their names. Other differences will appear from the facts, which are given below.

3. The affairs of the Benaras Hindu University, for reasons with which we are not concerned, had been deteriorating, and a situation had arisen which required intervention immediately. The President of India, in his capacity as Visitor and in exercise of the powers conferred by S. 5 (2) of the Benaras Hindu University Act, 1915, appointed a Committee of Enquiry (known as the Mudaliar Committee) consisting of :

1. Dr. A. L. Mudaliar (President)

2. Mr. M. C. Mahajan

3. Dr. P. Subbarayan

4. Smt. Sucheta Kripalani

5. Dr. Nairoji Wadia (Members)

to enquire into and report, inter alia, on the general state of discipline in the University, keeping in view the disturbances in some of the Institutions of the University, and to suggest remedies and measures of reform for the betterment of acamedic life and efficient functioning of the University. The Committee made a report suggesting that a "Screening Committee" should be appointed to review the appointments made to the teaching staff and the work of the teaching staff, and that action should be taken in the light of the findings of the Screening Committee.

4. On June 14, 1958, the President of India promulgated an ordinance (IV of 1958) to amend the Benaras Hindu University Act, 1915. By S. 8 of the Ordinance, the Statutes of