( 1 ) THE petitioners, who are working as Assistant Professors in I. I. T, Hauz Khas, New Delhi, have filed this writ petition seeking writ, order or direction in the nature of certiorari for quashing the pay revision order dated the 19th April 1990 as communicated by the Department of Education, Ministry of Human Resource Development, Government of India and the resolution of the Board of Governors dated the 17th May 1990 and for requiring the respondents to reframe the Cadre structure of the teaching staff of the I. I. T. and to remove the discrimination which the impugned order has created against the petitioners. A writ of mandamus is also prayed for an order for placing the petitioners, who were earlier in the middle rung as Assistant Professors, in the old Cadre and they be considered to be Associate Professors in the new scheme with effect from January 1, 1986 or from the date of joining after January 1986. Another writ is sought for quashing the selections made to the post of Associate Professors under the new schemes on various grounds.

( 2 ). The facts relevant for the disposal of this writ petition, in brief, are that prior to issuance of the impugned orders, there existed a Cadre structure in the manner that at the bottom of the Cadre, there were posts of Lecturers and in between there were posts of Assistant Professors and at the top there were posts of Professors having different and varied pay-scales. Initially, the pay-scale of Lecturer was Rs. 400. 00-950. 00 which was later on revised to Rs. 700. 00-1600. 00 and pay-scale of Assistant Professors was Rs. 700. 00-1250. 00 which was revised to Rs. 1200. 00-1900. 00 and the scale of Professor was earlier Rs. 1100. 00-1600. 00 and it was revised to Rs. 1500. 00-2500. 00.

( 3 ). By the impugned orders, the Cadre structure has been changed. The post of Lecturers has been abolished. Now, at the bottom of the Cadre, the post of Assistant Professor has been retained in the scale of Rs. 3700. 00-5700. 00. A new post of Associate Professor has been created in the scale of Rs. 4500. 00-6300. 00 and the pay-scale of Professor has been revised to Rs. 5100. 00-7300. 00 and a post of Director has been created in the scale of Rs. 7600. 00 fixed.

( 4 ). The grievance of the petitioners, in brief, is that these structural changes in the Cadre have not been brought into existence by any competent authority inasmuch as it was the Board of Governors of the I. I. T, as provided by the I. I. T. Act which was competent to lay the policy for creating the Cadre but in fact the new Cadre structure has been brought about by the Government of India whereas the Board of Governors had not applied its independent mind in ordering the restructuring of the Cadres. So, on this short ground, the petitioners pray for quashment of the new Cadre structure and restoration of the old Cadre structure as mentioned above.

( 5 ). The contention raised by the respondents, on the other hand, is that it was the Government of India which was to provide the funds as is evident from Section 21 of the Act and the Government had proposed some restructuring of the Cadre which was duly considered by the Council for the I. I. T. in its meeting and it had constituted a three member Committee to negotiate with the Government for enforcing new Cadre structure after such modifications, as have been discussed by the Council and thereafter such delegatees of the Council had entered into negotiations with the Government and new Cadre structure was formulated, it was brought to the notice of the Council and which had been noted by the Council in its meeting and was thus implemented and it is urged that the competent authority has brought about this new Cadre structure which is binding.

( 6 ). Section 21 of the Institute of Technology Act 1961 lays down as follows:-

"21. FOR the purpose of enabling the Institute to discharge their functions efficiently under this Act, the Central Government may, after due appr