JUDGMENT

KRISHNA IYER, J. :—The appellant who has come up to this Court by special leave challenges the judgment of the High Court whereby the first respondent s dismissal which had been set aside by the trial Court, has been restored. The first respondent was a head-clerk in the Dayanand Mahavidyala Degree College, Varanasi, an institution affiliated to the Banaras Hindu University. The controversy raged round the question as to whether re-instatement could be ordered of a servant 1074 who has been dismissed by the College authorities on the footing that the institution is a statutory body. Whatever might have been the prior state of the precedents, in the light of the decision in Executive Committee of Vaish Degree College Shamli v. Lakshmi Narain, Civil Appeal No. 1543 of 1974, Decided on 12-12-1975 = (reported in AIR 1976 SC 888) we are satisfied that the institution which is the appellant before us is not a creature of statute but an entity like a company or a co-operative society or other body which has been created under the operation of a statute. This makes all the difference as has been pointed out by the majority decision in Lakshmi Narian s case (AIR 1976 SC 888). May b