JUDGMENT :

By the Court.-Supplementary-affidavit filed today, is taken on record.

2. Heard Sri T.P. Singh, learned Senior Advocate, assisted by Sri Dhiraj Srivastava, learned counsel for the petitioners, Sri Gagan Mehta, learned counsel for the respondent No. 3 and Ms. Subhas Rathi, learned Chief Standing counsel for the State-respondents.

3. This writ petition has been filed praying for the following relief :

(i) Issue a writ, order or direction in the nature of mandamus, declaring that the U.P. Higher Education Services Commission Act, 1980 and rules framed thereunder are unconstitutional, being violative of fundamental rights of the petitioners' as guaranteed under the Constitution of India.

(ii) Issue writ, order or direction in the nature of mandamus, commanding and directing the respondents to permit the petitioners' to manage, run, and control the P.P.N. P.G. College, particularly in the matters of selection, appointment and disciplinary action of teachers and principal in accordance with the U.P. State University Act, 1973 and statues framed thereunder by the Chhatrapati Sahu Ji Maharaj University, Kanpur as earlier.

Submissions

4. Learned counsel for the petitioners submits as u