By the Court.—These seven petitions have been filed by petitioners assailing the impugned cancellation of their appointments as faculties to the posts of Professors/Associate/Assistant Professors under the impugned resolution of the Board of the Indian Institute of Information Technology, Allahabad contending that they are victims of unmixed disadvantage on account of a hasty decision which according to the petitioners is out of deference to the decisions taken during the tenure of the previous Director, and that their hopes were frustrated because of such a decision which is neither sustainable in law nor on facts. Their contention is that with the change of guard the respondent-Institute is reordering its priorities without following the correct position of law. The respondent-Institute through its present set of authorities defends itself by contending that selections were against rules and of ineligible candidates that was an outcome of the motivated influence exercised by the earlier Director to favour the petitioners and therefore the cancellation of such appointments was obvious and was after due deliberations without any premeditation of any malice or revenge. The deliberations were carried out dispassionately and the consequences thereof were unintended and are a natural outcome of the facts that are on record.

2. Sri Shashi Nandan, learned senior counsel, Sri Rajeev Misra, Sri R.P. Tewari, Ms. A. Gaur, Sri Nimai Das Advocates have been heard for the petitioners. Sri U.N. Sharma and Sri Vipin Sinha, learned senior counsel assisted by Sri Vaibhav Kaushik, Sri Anil Tewari have been heard for the Institute and Sri Trilok Singh for the Union of India and Sri R.A. Akhtar for the U.G.C. have advanced their submissions.

3. The Government of India, in the wake of a growing continuing demand of the application of information technology in every sphere of life, came up with a scheme for setting up Universities and Institutions of Information Technology throughout the country, and one such Institute was proposed at Allahabad which is now known as the ‘Indian Institute of Information Technology Allahabad Society’. The need to set up such an Institute on account of unprecedented technical break through was realised, and the proposal was initiated with letters dispatched by the Ministry of Human Resource Development, Department of Education, Government of India, to convene a meeting for consideration of setting up of such an Institute vide letter dated 17.12.1998.

4. The Institute was established under the aegis of a Society known as ‘Indian Institute of Information Technology Allahabad Society, registered under the Societies Registration Act, 1860. A copy of the Memorandum of Association duly registered has been brought on record together with the Rules that govern the Society. The Management of the Society is entrusted to a Board of Management as per Clause 5. The Board has been described as ‘Independent of the Society with full autonomy to perform it’s academic and administrative responsibilities’. Clause 5.02 (iii) empowers the Board to appoint such Professors, Associate Professors, Assistant Professors and other academic staff as may be necessary on the recommendation of the Selection Committee. Clause 5.02 (ii) empowers the Board to create teaching and academic posts, to determine the number of cadres and qualifications thereof as approved by the University Grants Commission, and statutory bodies concerned, and the emoluments of such posts in consultation with the Finance Committee.

5. At this stage, it would be appropriate to refer to Clause 3.09 of the said Rules of the Society which defines Commission as the University Grants Commission constituted under Act No. 3 of 1956 read with Clause 3.23 thereof.

6. The Society was established and since the deemed University status under the U.G.C. Act, 1956, was pending consideration, the Government of India issued a post sanction letter dated 17.5.2000 whereby 6 teaching po