JUDGMENT

V. R. KRISHNA IYER, J. :—The core controversy in this appeal by special leave rages round the legality of the selection of Readers by the Allahabad University. The fortunes of the litigation pending for seven years, have been fluctuating from court to court. The fine line of distinction between internal autonomy for educational bodies and insulation of their operations from judicial interference on the one hand and the constitutional obligation of the court to examine the legality of academic actions and correct clear injustices on the other is jurisprudentially real and the present appeal illustrates the demarcation between the two positions. While legal shibboleths like "hand-off universities" and meticulous forensic invigilation of educational organs may both be wrong, a balanced approach of leaving universities in their internal functioning well alone to a large extent, but striking at illegalities and injustices, if committed by however high an authority, educational or other, will resolve the problem raised by counsel before us in this appeal from a judgment of the Division Bench of the High Court.

2. Once we recognise the basic yet simple proposition that no islands of insubordination to the rule of law exist in our Republic and that discretion to disobey the mandate of the law does not belong even to university organs or other authorities, the retreat of the Court at the sight of an academic body, as has happened here, cannot be approved. On the facts and features of this case such a balanced exercise of jurisdiction will, if we may anticipate our ultimate conclusion, result in the reversal of the appellate judgment and the restoration, in substantial measure, of the learned single Judges judgment quashing the selections made by the University bodies for the posts of Readers in English way back in 1973.

3. A perception in perspective of the facts which are brief and the law which is clear, persuades us to narrate the circumstances which have led a number of lecturers of the Allahabad University to fighting forensic battles over the selection of some as Readers in English by the Selection Committee and their appointment by the Executive Council.

4. Nearly a decade ago, six posts of Readers in the English Department of the University fell vacant and applications were invited by advertisement. The petitioners and respondents 5 to 10, among others, were applicants. These parties were all serving as lecturers in the University at that time. A Selection Committee was constituted as contemplated by the statutes and ordinances framed under the Allahabad University Act 1921 (for short, hereinafter called the Act). Section 29 of the Act, stipulates that teachers of the University shall be appointed by the Executive Council on the recommendations of the Selection Committee. There are statutory provisions regulating the functions of the Selection Committee. Section 32 (2) (f) of the Act provides for the issuance of ordinances prescribing qualifications for appointment of teachers. Ordinance 9 (2) lays down the qualifications for teachers in the various faculties. We are concerned with Ordinance 9 with special reference to the prescription of qualifications for Readers and it runs thus:

9. The following qualifications are prescribed for the appointment of teachers in the Faculties of Arts Science, Commerce and Law :

(2) For Readers : (i) First or High Second Class Masters degree in the subject concerned and good academic record;

(ii) Established reputation for sound scholarship and be competent to teach up to Masters degree and guide research;

(iii) A doctors degree, or equivalent published work;

(iv) At least 5 years teaching experience of the subject concerned in post-graduate classes in a University recognised by law, or research experience in a Research Institute recognised by the University or the State, or the Central Government:

Provided that the Selection Committee may relax the qualifications contained in clause (iii) for