JUDGMENT :

1. The petitioner no.1 Vigyan Parishant is a society registered under the Societies Registration Act, 1860. The petitioner no.2 is a General Secretary of the petitioner no.1.

2. According to the petitioners, the Vigyan Parishad was founded on 10.03.1913 by four renowned scholars of Muir Central College (now the University of Allahabad) with the object of developing scientific activities in Hindi. The then Principal of Muir Central College Mr. J.P. Hennings provided a place for opening an office for petitioner no.1. For this purpose a resolution dated 27.01.1953 was passed by the Executive Council of the University, which is quoted hereunder:-

“ITEM NO.41 OF THE EXECUTIVE COUNCIL

Report of the meeting of the Committee appointed by the Executive Council its resolution No.118, dated April 5, 1952 to consider the question of the construction of a “Prayag Vishwa Vidyalaya Vigyan Bhavan” in the Muir Central College Premises, held on January 27, 1953 in the Vice-Chancellor’s Chambers, Senate House, Allahabad.

The Vice-Chancellor nominated Dr. Babu Ram Saksena to take the chair as he was busy otherwise.

The committee considered the question of the construction of a “Prayag Vishva Vidyalaya Vigyan Bhavan” the Muir Central College premises for the development of scientific activities in Hindi in all its aspects.

1. The Committee recommends that the offer of the Vigyana Parishad provide funds for the building of a Vigyan Bhavan on the grounds the M.C. College at an estimated cost of not less than 15,000 housing the offices etc. of the Parishad, be accepted and the Parishad be permitted to erect the proposed building by an agency of its choice.

2. The Committee suggests that the Parishad be permitted to occupy the building when constructed on the following conditions-

i. That the building shall be constructed on a plan approved by the University.

ii. That the building shall be the property of the University and shall be named Vigyan Bhavan.

iii. That the building shall be allowed to be occupied and used by the Vigyan Parishad for so long as it continues to function with its present aims and objects or with such other aims and objects as might be approved by the university.

iv. That the building shall be kept in good condition and repair by the Vigyan Parishad at its own cost.

v. That in case the Parishad adopts aims and objects which the University does not approve of it shall vacate the premises within six months of receiving notice to this effect from University.

3. The Committee recommends that the University should make over a donations or funds that it may receive a collect for the purpose of the Vigyan Bhavan to the Vigyan Parishant.

4. The Committee recommends that the officer or a donation of 1000/ from Dr. Satya Prakash for the purpose be accepted and transferred as above, and that the University should have no objection to the building or a part of it being named after a donor making a gift of a substantial amount.

5. In the Committee’s option the site to the South-West of the Muslim Hostel, east of the South-East gate of the M.C. College and adjoining the Thornhil Road, is suitable for the Vgyan Bhavan.”

3. Plain reading of Clause 2 (ii) of the aforesaid resolution lays that the building made by the Parishad shall be the property of the University and shall be known as Vigyan Bhawan. Clause 2 (iii) lays that the building shall be allowed to be occupied and used by the Vigyan Parishad for so long as it continues to function with its present aims and objects or with such other aims and objects as might be approved by the university. Clause 2 (v) of the resolution of the Executive Council lays that in case the Parishad adopts aims and objects which the University does not appr