ORDER : - This is a petition under Art.226 of the Constitution which raises a question of constitutional law of considerable importance. It has involved the examination of a number of authorities, and I am indebted to learned counsel on both sides for the full and able arguments which have been addressed to me. The facts shortly stated are that the petitioner, Dr. Ishwari Prasad, was a Professor in the University of Allahabad and Head of the Department of Political Science until the 13-3-1954, on which date he retired from the service of the University. He was also a member of the Academic Council of the University and, as such, was under head (vi) of S.17 of the Allahabad University Act, 1921, an ex offiicio member of the Court, which is the supreme governing body of the University.

2. The executive body of the University is the Executive Council, the constitution of which is laid down in the Statutes to be found in Chap. II of the Statutes, Ordinances and Regulations made under the Act. The Executive Council consisted at all material times of twenty members, of whom six were members of the Court elected by the Court at its annual meeting. At the annual meeting of the Court held in

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