Gulab C. Gupta, C. J.—Petitioner claiming to be a Professor and Chairman, Department of History of respondent No. 1 University, has preferred this writ petition under Article 226 of the Constitution challenging constitutional and legal validity of appointments of respondents No. 2 to 16 as lecturers in the respondent-University and seeks writ of quo-warranto and prohibition against them

2. The petitioner submits that the University is a body corporate under the Himachal Pradesh University Act, 1970 (referred to as the Act) and is governed by the provisions of the said Act, Statutes and Ordinances made thereunder. According to the petitioner, section 34 of the Act provides for a statutory Selection Committee for appointment of teachers in the University and the Executive Council can create teaching posts or make appointments to teaching posts only on the recommendations of this Committee as per Statute 11 (1) made under the Act. Referring to Ordinance 243 (b) (ii) made under the Act, it is submitted that no teaching and research posts can be created or abolished unless the Faculty concern takes a decision in that behalf and recommends the same to the Academic Council which in