B.N. Saparu, J. - (1.) The petitioners Ram Asrey Misra and others were employees of Gurukul Kangri Vishwavidyalaya, Haridwar. Their services were terminated. They have therefore filed the present writ petition.
(2.) When the petition came up for hearing counsel Sri A. K. Sharma appearing for respondents contended that no writ petition was maintainable against the respondent-University because the respondent-University was a society registered under the Societies Registration Act and its employees cannot maintain in the writ petition against the order of termination of their services. In support of this contention Sri A. K. Sharma learned counsel for respondents referred to a decision of Single Judge of this Court passed in writ petition No. 7744 of 1972, Raj Gopal Iyer v. Raghubir Singh Shastri. In that case also writ petition had been filed against the order of dismissal passed by the University. The writ petition was held not to be maintainable by Mr. Justice K. N. Singh. A special Appeal was filed against the decision of Mr. Justice K. N. Singh being Special Appeal No. 73 of 1975, Raj Gopal Iyer v. Raghubir Singh Shastri and another. The appeal was dismissed by a Division Bench of this Court. In that case counsel for the appellant had contended that the Vishwavidyalaya had been recognised as an University under Universities Grants Commission Act, 1956 and so the writ petition was maintainable. The Bench held that despite the recognition of the Vishwavidyalaya under the Universities Grants Commission Act 1956, the Vishwavidyalaya did not become a statutory body being registered under the Societies Registration Act. It also held that the bye-laws which were alleged to have not been complied with are not statutory provisions and as such for this reason also the writ petition was not maintainable.
(3.) Sri S. N. Misra, learned counsel appearing for the petitioners has questioned the correctness of the Division Bench decision of this Court and contended that it requires reconsideration. He referred to a number of decisions in support of his argument.;