By the Court.—The Governing Body, Christ Church College, Kanpur has filed this writ petition through its Secretary Dr. Pervez E. Deen challenging the order of Prof. H.K. Sehgal, Vice-Chancellor, Chhatrapati Shahu Ji Maharaj University, Kanpur, rejecting the proposal of termination of services of Dr. Misbahul Islam and Dr. (Mrs.) P. Richards, the teachers of the College under Section 35 (2) of the U.P. State Universities Act, 1973 (in short, ‘the Act).

2. We have heard Shri Navin Sinha, Senior advocate assisted by Shri A.D. Saunders for the petitioner. Shri Umesh Narain Sharma, Senior Advocate assisted by Shri Neeraj Tiwari appears for the Vice-Chancellor-respondent No. 1. Shri Shashi Nandan, Senior Advocate assisted by Shri Ankush Tandon has entered appearance on behalf of respondent Nos. 2 and 3. Both the respondents gave statements on 5.4.2010, that they do not want to file counter affidavit and that the writ petition may be decided on the basis of documents annexed to the writ petition.

3. The ‘Christ Church College, Kanpur’ a post graduate degree college, is a minority institution, run and managed by the Christ Church College Society (in short, ‘the Society) registered on 30th May, 1956 with the Registrar, Joint Stock Companies, Uttar Pradesh, Registration No. 91 of 1956-57, for the objects as set out in its ‘Memorandum’ and with primary purpose to give Christian Education and opportunities for teaching, witness, and worship, according to the faith, doctrine and practices of the Church of North India and more especially to Christian staff and students; to maintain sufficient staff to preserve and strengthen the Christian Character and purposes of the institution; to give education particularly to the people of Kanpur etc. and other allied purposes. Clause 3 of the Memorandum provides that the Bishop of Agra for the time being, or his duly appointed Commissary; the Secretary of the College Council of the CNI College in UP; the Principal of Christ Church College, Kanpur for the time being; a nominee of the Executive Committee of the Diocese of Agra, for the time being; the Principal Officer Incharge of the Kanpur Branch Office of the Agra Diocesan Trust Association for the time being; two persons to be nominated by the Bishop, were to be the ex-officio members of the Society and will constitute the first Governing Body of the Society. The other members of the Society other than the ex-officio members of the Society, were to be such individuals who may be elected as members of the Governing Body of the Society, at the Annual General Meeting of the Society, or by the Governing Body of the Society but such members shall cease to be members of the Society when they cease to be members of the Governing Body.

4. Clause 6 of the Memorandum provides that the business and affairs of the Society shall be managed by a Governing Body of not less than seven and not more than fifteen members to be constituted with the Governing Body, the Bishop of the Diocese or his duly appointed Commissary or their duly appointed nominee for the time being; the Principal of the College for the time being; the Vice-Principal of the College for the time being. In case there is no Vice-Principal, then the Warden of the Hostel for the time being; two representative of the Teachers of Christ Church College to be chosen as prescribed by the University Statutes (but not a member of the Society and four to eleven members elected by the Society in its Annual General meeting of whom at least three (excluding the Bishop and Principal) shall be from amongst such ex-officio members of the Society, as are not members of the staff of Christ Church College for the time being. Any casual vacancy among members of the Governing Body is provided to be filled in Clause 7 by the Governing Body, but any person so chosen shall retain his office only until the next meeting of the Society when the vacancy shall be filled by the Society. The Clause-8 provides that no act