Ashwani Kumar Mishra, J. - (1.) Indian Institute of Information Technology, Deoghat Jhalwa, Allahabad (hereinafter referred to as 'the Institute') is an institution of higher learning established under the aegis of Ministry of Human Resource Development, Department of Education, Government of India. A society known as 'Indian Institute of Information Technology Allahabad Society' (hereinafter referred to as 'the Society') was got registered under the provisions of the Societies Registration Act, 1860 for the purposes of establishing this Institute. The memorandum of association of the Society contained the rules to regulate it. The Management of the Society, as per Clause 5, was entrusted to a Board of Management. The Board of Management had an independent status with autonomy to perform its academic and administrative obligations. Clause 5.02(ii) conferred power upon the Board to create teaching and academic post, determine the number of cadres and qualifications, as approved by the University Grants Commission. Emoluments for such posts were to be fixed in consultation with the Finance Committee. Clause 5.02(iii) empowered the Board to appoint Professors, Assistant Professors and other Academic Staff, as may be necessary, on the recommendation of the selection committee.
(2.) Since the Society had already been formed and the status of Deemed University to the Institute was awaited, from the Government of India, a decision was taken by the Central Government to sanction 06 teaching posts in the institution vide order dated 17.5.2000. This was followed by creation of 09 additional teaching and 14 non-teaching posts vide letter dated 22nd March, 2001. The institution was also accorded status of a Deemed University in the year 2000 under the provisions of the University Grants Commission Act, 1956.
(3.) For the purposes of recruitment and regulating conditions of service of teaching and non-teaching posts, rules were framed by the Board of Governors of the institution, known as 'Recruitment and Service Rules' (hereinafter referred to as 'the Rules'). These rules are applicable in the present case and determine the controversy that requires adjudication.;