By the Court.—The petitioner is an Assistant Director, Institute of Correspondence Course and Continuing Education, (hereinafter referred as ICC&CE) University of Allahabad. She has preferred this petition primarily seeking a direction commanding the University to pay arrears of salary to her from November, 2014 as the Assistant Director and to continue to pay the same on monthly basis. The other prayer made in the writ petition is for amending Statute 30(2) of the Statutes of the University in accordance with the resolution dated 25.1.2012 of the Executive Council of the University.

The petitioner apart from the above reliefs has also made a prayer for declaring Sub-Section (3) of Section 28 of The University of Allahabad Act, 2005 as illegal but Sri Yogesh Agarwal learned counsel appearing for the petitioner at the commencement of the arguments had clearly stated that he does not want to press the aforesaid prayer as the petitioner is not inclined to challenge the validity of the aforesaid provision.

2. In view of above, we are basically concerned with regard to the entitlement of the petitioner to salary as Assistant Director ICC&CE, University of Allahabad and with regard to the necessity to amend the Statute 30(2) of the Statutes of the University as per resolution dated 25.1.2012 of the Executive Council of the University.

3. The University of Allahabad a premier educational institute of the country acknowledged to be the Oxford of the East was previously governed by the provisions of the U.P. State Universities Act, 1973 (hereinafter referred as the Act, 1973) and the First Statutes of the University of Allahabad, 1976. The said Act vide Section 44 had authorised the University to establish one or more Institutes to organise and conduct teaching and research in any subject.

4. In exercise of the aforesaid power the University with the prior permission of the University Grants Commission in the year 1976 had established ICC&CE for imparting education through correspondence courses.

5. The petitioner was appointed as an Assistant Correspondence Officer in ICC&CE in the year 1984. She was promoted to the post of Assistant Director of the ICC&CE on 1.3.1997 and continued to receive salary on monthly basis eversince her appointment.

The then ordinances of the University in regard to the ICC&CE provided that it shall organise instructions for such courses of study leading to degrees, diplomas, certificates of proficiency or special certificates as may be appropriately be offered in the open for distance learning and that the ICC&CE shall have a Director, who shall be the executive functionary of the Institute to exercise general supervision and control over its affairs and to perform such functions as may be assigned by the Competent Authorities or the Advisory Board.

6. The University of Allahabad was declared to be a Central University with the enactment of The University of Allahabad Act, 2005 (hereinafter referred to as the Act) which received the assent of the President of the India on 23rd June, 2005 duly published in the gazette of India.

7. Section 3 of the said Act declared the University of Allahabad as an Institution of National Importance.

Section 22 of the aforesaid Act recognises the Executive Council to be the principal executive body of the University whereas Section 14 (2) of Act recognises the Vice Chancellor to be the Principal Executive and the Academic Officer of the University.

Section 5(d) of the Act provide that every person employed by the University of Allahabad immediately before the appointed day shall hold his office or service in the University by the same tenure at the same remuneration and upon the same terms and conditions and with the same rights and privileges as he would have held if the Act had not been passed and continue to hold the same until and unless his employment is terminated or the terms and conditions are duly altered by the Statutes.

8. In other words, the petitioner