ORDER :- The petitioner Madan Gopal Gupta has filed the present application for striking out defence of the Agra University and its authorities in Writ Petition No. 5467 of 1970 filed by him challenging the validity of a resolution of the Executive Council of the Agra University dated 27th September, 1970, terminating his services from the post of Registrar of the University.

2. The petitioner was Registrar of the Agra University. Certain charges were framed against him which were enquired into by a committee constituted by the Executive Council of the University. On the findings recorded by the Enquiry Committee, the Executive Council of the University passed a resolution dated 27th September, 1970, terminating the petitioner's services. The petitioner thereupon filed writ petition before this Court under Article 226 of the Constitution (Writ Petition No. 5467 of 1970) challenging the said resolution of the Executive Council on various grounds. One of the grounds raised by the petitioner was that the resolution of the Executive Council was vitiated because Sri Shital Prasad, the then Vice-Chancellor, and Sri L.N. Varshney, a Member of the Executive Council, had appeared as