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65. The High Court rejected the writ petition. The High Court held that the conditions of service of the appellant were governed not by the 'college code' but by the contract made between the appellant and the governing body. The High Court also took the view that the provisions of the 'College Code' were merely conditions prescribed for the affiliation of college and no legal right was created by the College Code in favour of the lecturers as against the general body.

66. The Supreme Court held that the 'College Code' was intra vires of the power of the University contained in Section 12 read with Section 4 (6) of the University Act. The provisions of Ordinance 20 known as 'College Code' have the force of law. It confers legal right on the teachers of the affiliated colleges and it is incorrect to contend that the college code merely regulates the relationship between the University and the affiliated colleges. The provisions of the College Code relating to the pay scale of teachers and their security of tenure properly fell within the statutory power of affiliation granted to the University under the Act.

67. The Supreme Court also held that there was violation of Clause 8 (6) of the College Code and therefore the order terminating the services of the appellant was illegal and ultra vires and was therefore quashed by granting necessary relief.

68. In Vidya Ram v. S. J. N. College, , a lecturer, appointed by the Managing Committee of a College affiliated to Lucknow University, was dismissed by the Managing Committee. This order was challenged in a writ petition filed before the High Court on the ground of violation of principles of natural justice. It was dismissed on the ground that the relationship between the lecturer and college was that of master and servant and even if his services were terminated in breach of natural justice the remedy lay in a suit for damages and not under Article 226.

73. It is quite relevant to note that (1965) 2 SCR 713 was distinguished on the ground that the terms and conditions in Clause 8 (6) of the 'College Code' had the force of law and had conferred rights on the appellant.

74. is to the same effect.

75. The authority both of and has now considerably shaken. The two earlier decisions of the Supreme Court, i. e. and on the basis of which was decided have now been distinguished in a way disapproved in Sirsi Municipality v. C. K. F. Tellis, . The decision refers to the three categories of employment. The third category of cases with which we are concerned of master and servant arises in regard to the servant in employment "of the State or of other public or local authorities or bodies created under the statute."