The judgment of the Court was delivered by

OJHA, J. - The Indian Institute of Technology, Kalyanpur, Kanpur, the petitioner, is a body corporate incorporated under the Institutes of Technology Act, 1961 (Act 59 of 1961). The powers and duties of an institution incorporated under the said Act, as contained in section 6, which are relevant for the purposes of the present writ petition, are :

"(a) to provide for instruction and research in such branches of engineering and technology, sciences and arts, as the Institute may think fit, and for the advancement of learning and dissemination of knowledge in such branches; ......

(d) to fix, demand and receive fees and other charges;

(e) to establish, maintain and manage halls and hostels for the residence of students;

(f) to supervise and control the residence and regulate the discipline of students of the Institute and to make arrangements for promoting their health, general welfare and cultural and corporate life; ......

(n) to do all such things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Institute."

Under the statutes framed in exercise of the powers conferred by section 2