The Executive Council exceeded its authority by unilaterally imposing new qualifications on Heads of Departments, which contradicted the established statutory framework under the University Act.

1. This writ petition relates to a matter requiring the interpretation of the Allahabad University Act and the Statutes thereunder. The facts leading to the filing of this writ petition are briefly given below.

2. Before the amendment of the Allahabad University Act, 1921 in 1961 by means of the U.P. Universities Act, 1961 (Act No.13 of 1961), the University was providing the teaching necessary for admission to its various degrees. It had also recognized certain institutions as authorised to provide such teaching. These were privately run colleges and were known under the Act as 'associated colleges'. The State Government intended to start and run an engineering college and a medical college at Allahabad and to secure to the students thereof degrees in engineering and medicine of the Allahabad University. The Allahabad University Act (hereinafter referred to as 'the Act') was therefore amended by the amending Act of 1961 aforesaid to make all necessary provision in this connection and a new class of institutions known as "Constituent Colleges" was introduced in the Act. According to the newly introduced clause (aaa) in S.2, "Constituent College" means an institution maintained by the University or by the State Government and authorised to conduct all the teaching necessary for admission to a degree of the University. After the amendment of the Act in 1961 and in pursuance of the object of the amendment, the Faculties of Medicine and Engineering were added to the Faculties of the University in statute No.75 framed in pursuance of S.24 of the Act which provides that the University shall include such Faculties as may be prescribed by the Statutes. Statute No.80 lays down the Departments comprised in the various Faculties. In the Faculty of Medicine 15 departments are shown in clause (e) of Statute 80 and these include, at serial No.11, the Department of Obstetrics and Gynaecology. S.36 - A of the Act provides for Associated Colleges of the University being named by the Statutes. S.36 - AA newly added in the Act in 1961, provides for Constituent Colleges of the University being named by the Statutes. Statute 145 - A framed in pursuance of S.36 - AA named only Moti Lal Nehru Medical College as a Constituent College. It is not in controversy that it is a Constituent College maintained by the State Government and not by the University. In the list of Associated Colleges named by Statute No.146 the Motilal Nehru College of Engineering Allahabad was added. Thus this College, started by the State Government, was made only an Associated College.

3. There was running at Allahabad the Kamla Nehru Memorial Hospital maintained and managed by a Society known as Kamla Nehru Memorial Trust. It was already receiving a recurring grant in aid amounting to Rs.1,05,000/- per annum from the State Government. Its Superintendent was Dr. Mrs. Vatsala Samant who is opposite party No.2 in the writ petition. For providing teaching in the Department of Obstetrics and Gynaecology a female hospital was needed. The State Government made an arrangement with the Kamla Nehru Memorial Trust. The said arrangement is to be found embodied in Annexure - A to the representation made by Dr. Mrs. Samant to the Chancellor, Allahabad University, under S.42 of the Act. A copy of the representation is Annexure - 1 to the writ petition. Annexure - A to Annexure - 1 shows that with effect from February 1, 1964, 75 general beds out of the then existing beds of the K.N.M. Hospital were to be utilised for teaching the subject of Obstetrics and Gynaeco