Summarize the following court judgment. vil Appeal Nos. 2704 06 of 1979. From the Judgment and Order dated 1.5.1979 of the Guja rat High Court in Special Civil Appln. Nos. 133 of 1976	 325 and 384 of 1976. A.B. Rohatagi	 Harish N. Salve	 Ms. Palavi Shroff	 S.S. Shroff	 P.S. Shroff and R. Sasiprabhu for the Appellants. Kapil Sibbal	 Suresh Shelat	 P.H. Parekh and Ms. Gitan jali for the Respondents. The Judgment of the Court was delivered by K. JAGANNATHA SHETTY	 J. These appeals	 by certificate	 are from a common judgment of the Gujarat High Court giving some monetary benefits to the respondents. The facts of the case cane be quite shortly stated: The appellant No. 1 is a public trust and other appel lants are its trustees. The trust was running a science college at Ahmedabad. The college initially had temporary affiliation to the Gujarat University under the Gujarat University Act	 1949. From June 15	 1973 onwards	 the col lege had permanent affiliation under the said Act as amended by Gujarat Act No. VI of 1973. The University teachers and those employed in the affiliated colleges were paid in the pay scale recommended by the University Grants Commission. At one stage	 there was some dispute between the University Area Teachers Association and the University about the implementation of certain pay scales. That dispute	 by agreement of parties	 was referred to the Chancellor of the University for decision. On June 12	 1970	 the Chancellor gave his award in the following terms: "(1) That the revised pay scales as applicable to teachers who joined before April 1	 1966	 should similarly be applicable to those who joined after April 1	 1966. and they be continued even after April 1	 1971. (2) That these pay scales be exclu sive of dearness allowance. Therefore	 fixing the pay of the teachers who joined after April 1	 1966	 no petition of existing dearness 701 allowance would be merged. However	 with effect from April 1	 1971 in respect of both the categories of teachers i.e. Pre 1966 and Post 1966 teachers	 dearness allowance was to be merged with the salary. (3) That arrears for the period from April 1	 1966 to March 31	 1970 accruing due under the award were to be paid (without interest) in ten equal instalments beginning from April 1	 1971. (4) The award was to be given effect to from April 1	 1970. There are other provi sions also. But we are not concerned with those provisions for our purpose. " This award of the Chancellor was accepted by the State Government as well as by the University. The latter issued direction to all affiliated colleges to pay their teachers in terms thereof. The appellants instead of implementing the award served notice of termination upon 11 teachers on the ground that they were surplus and approached the University for permission to remove them. But the Vice Chancellor did not accede to their request. He refused the permission sought for. There then the management we mean the trust took a suicidal decision. The decision was to close down the college to the detriment of teachers and students. The affiliation of the college was surrendered and the University was informed that the management did not propose to admit any student from the academic year 1975 76. It was again a unilateral decision without approval of the Univer sity. The college was closed with effect from June 15	 1975 with the termination of services of all the academic staff. The academic staff under law were entitled to terminal benefits. In fairness	 that ought to have been paid simulta neously while being removed. But the management did not do that. The teachers waited with repeated representations only to get a negative reply and ultimately	 they moved the High Court with writ petitions for the following reliefs: "To issue a writ of mandamus or writ in the nature of mandamus or any other appro priate writ or direction or order directing the respondent Trust and its trustees respond ents to pay to the petitioners their due salary and allowances	 the provident fund and gratuity dues in accordance with the Rules framed by the University and pay them 702 compensation that would be payable to them under Ordinance 120 E and they may be further directed to pay the difference of pay payable to them on the implementation of the U.G.C. pay scales in accordance with Government Resolution as clarified by the Award passed by the Chancellor. " As is obvious from these reliefs	 the retrenched persons were not agitating for their continuance in the service. They seem to have made a tryst with the destiny and accepted the closure of the college. They demanded only the arrears of salary	 provident fund	 gratuity and the closure compen sation which were legitimately due to them. The trust	 however	 resisted the writ petitions on every conceivable ground. The objections raised by the trust may be summarised as follows: (i) The trust is not a statutory body and is not subject to the writ jurisdiction of the High Court; (ii) the Resolution of the University directing payment to teachers in the revised pay scales is not binding on the trust; (iii) The University has no power to burden the trust with additional financial liability by retrospec tively revising the pay scales; (iv) the claim for gratuity by retrenched teachers is untenable. It is payable only to teachers retiring	 resigning	 or dying and not to those removed on account of closure of the college; and (v) Ordi nance 120E prescribing closure compensation is ultra vires of the powers of the syndicate. It is at any rate not bind ing on the trust	 since it was enacted prior to affiliation of the college. The High Court rejected all these submissions	 and accepted the writ petitions by delivering a lengthy judg ment. The High Court thus directed the trust to make pay ments in the following terms: "(1) Amount of the remaining six instalments as per Chancellor 's Award in respect of arrears from 1.4. 1966 to 31.3. 1970 as detailed category No. 1 above	 (2) Salary for the period from 1.4.1975 to 14.6.1975 as per revised payscales	 (3) Com pensation as per sub clause (a) and (b) of clause (vii) of Ordinance 120 E	 (4) Provident Fund dues as per the approved scheme. " The trust by obtaining certificate has ap pealed to this Court. Counsel for the appellants mercifully concedes the just right of the teachers to get salary for the period of two and a half months from 703 April 1	 1974 to June 14	 1974. He has also no objection to pay provident fund dues. He	 however	 says that the trust is entitled to get reimbursement from the Government and that question must be determined in these appeals. As regards the arrears of salary payable under the Chancellor 's Award	 the counsel contends that it is the liability of the Government and not of the management of the college. As regards the closure compensation payable under the Ordinance	 he repeats the contention taken before the High Court. He also main tains that the trust is a private body and is not subject to the writ jurisdiction under Article 226. Having heard the counsel for both parties	 we are left with an impression that the appellants are really trying to side track the issue and needlessly delaying the legitimate payments due to the respondents. The question whether the State is liable to recompense the appellants in respect of the amount payable to the respondents was not considered by the High Court and indeed could not have been examined since the State was not a party to the proceedings. However	 by the persuasive powers of the counsel in this Court	 the State has been impleaded as a party in these appeals. Per haps	 this Court wanted to find out the reaction of the State on the appellants ' assertion for reimbursement. We heard counsel for the State. He disputes the appellants ' claim. In fact	 he challenged the claim on a number of grounds. He says that the State is under no obligation to pay the appellants as against the sum due to the respond ents. We do not think that we need rule to day on this controversy. It is indeed wholly outside the scope of these appeals. We are only concerned with the liability of the management of the college towards the employees. Under the relationship of master and servant	 the management is pri marily responsible to pay salary and other benefits to the employees. The management cannot say that unless and until the State compensates	 it will not make full payment to the staff. We cannot accept such a contention. Two questions	however	 remain for consideration: (i) The liability of the appellants to pay compensation under Ordi nance 120E and (ii) The maintainability of the writ petition for mandamus as against the management of the college. The first question presents no problem since we do not find any sustainable argument. The power of the Syndicate to enact the Ordinance is not in doubt or dispute. What is	 however	 argued is that the Ordinance is not binding on the manage ment since it was enacted before the college was affiliated to the University. This appears to be a desperate contention overlooking the 704 antecedent event. The 'counsel overlooks the fact that the college had temporary affiliation even earlier to the Ordi nance. That apart	 the benefits under the Ordinance shall be given when the college is closed. The college in the instant case was closed admittedly after the Ordinance was enacted. The appellants cannot	 therefore	 be heard to contend that they are not liable to pay compensation under the Ordinance. The essence of the attack on the maintainability of the writ petition under Article 226 may now be examined. It is argued that the management of the college being a trust registered under the Public Trust Act is not amenable to the writ jurisdiction of the High Court. The contention in other words	 is that the: trust is a private institution against which no writ of mandamus can be issued. In support of the contention	 the counsel relied upon two decisions of this Court: (a) Executive Committee of Vaish Degree College	 Shamli and Others vs Lakshmi Narain & Ors.	 ; and (b) Deepak Kumar Biswas vs Director of Public Instructions	 the first of the two cases	 the respondent institution was a Degree College managed by a registered co operative society. A suit was filed against the college by the dismissed principal for reinstatement. It was contended that the Executive Committee of the college which was registered under the Co operative Societies Act and affiliated to the Agra University (and subsequently to Meerut University) was a statutory body. The importance of this contention lies in the fact that in such a case	 reinstatement could be ordered if the dismissal is in violation of statutory obligation. But this Court refused to accept the contention. It was observed that the manage ment of the college was not a statutory body since not created by or under a statute. It was emphasised that an institution which adopts 	certain statutory provisions will not become a statutory body and the dismissed employee cannot enforce a contract of personal service against a non statutory body. The decision in Vaish Degree College was followed in Deepak Kumar Biswas case. There again a dismissed lecturer of a private college was seeking reinstatement in service. The Court refused to grant the relief although it was found that the dismissal was wrongful. This Court instead granted substantial monetary benefits to the lecturer. This appears to be the preponderant judicial opinion because of the common law principle that a service contract cannot be specifically enforced. But here the facts are quite different and	 therefore	 we need not 705 go thus far. There is no plea for specific performance of contractual service. The respondents are not seeking a declaration that they be continued in service. They are not asking for mandamus to put them back into the college. They are claiming only the terminal benefits and arrears of salary 'payable to them. The question is whether the trust can be compelled to pay by a writ of mandamus? If the rights are purely of a private character no mandamus can issue. If the management of the college is purely a private body with no public duty mandamus will not lie. These are two exceptions to Mandamus. But once these are absent and when the party has no other equally conven ient remedy	 mandamus cannot be denied. It has to be appre ciated that the appellants trust was managing the affiliat ed college to which public money is paid as Government aid. Public money paid as Government aid plays a major role in the control	 maintenance and working of educational institu tions. The aided institutions like Government institutions discharge public function by way of imparting education to students. They are subject to the rules and regulations of the affiliating University. Their activities are closely supervised by the University authorities. Employment in such institutions	 therefore	 is not devoid of any public charac ter. (See The Evolving Indian Administration Law by M.P. Jain [1983] p. 266). So are the service conditions of the academic staff. When the University takes a decision regard ing their pay scales	 it will be binding on the management. The service conditions of the academic staff are	 therefore	 not purely of a private character. It has super added pro tection by University decisions creating a legal right duty relationship between the staff and the management. When there is existence of this relationship	 mandamus can not be refused to the aggrieved party. The Law relating to mandamus has made the most spectacu lar advance. It may be recalled that the remedy by preroga tive writs in England started with very limited scope and suffered from many procedural disadvantages. To overcome the difficulties	 Lord Gardiner (the Lord Chancellor) in pursu ance of Section 3(1)(e) of the Law Commission Act	 1965	 requested the Law Commission "to review the existing reme dies for the judicial control of administrative acts and omission with a view to evolving a simpler and more effec tive procedure. " The Law Commission made their report in March 1976 (Law Com No. 73). It was implemented by Rules of Court (Order 53) in 1977 and given statutory force in 1981 by Section 31 of to Supreme Court Act 1981. It combined all the former remedies into one proceeding called Judicial Review. Lord Denning explains the scope of this "judicial review": 706 "At one stroke the courts could grant whatever relief was appropriate. Not only certiorari and mandamus	 but also declaration and injunc tion. Even damages. The procedure was much more simple and expeditious. Just a summons instead of a writ. No formal pleadings. The evidence was given by affidavit. As a rule no cross examination	 no discovery	 and so forth. But there were important safeguards. In par ticular	 in order to qualify	 the applicant had to get the leave of a judge. The Statute is phrased in flexible terms. It gives scope for development. It uses the words "having regard to". Those words are very indefinite. The result is that the courts are not bound hand and foot by the previous law. They are to 'have regard to ' it. So the previ ous law as to who are and who are not public authorities	 is not absolutely binding. Nor is the previous law as to the matters in respect of which relief may be granted. This means that the judges can develop the public law as they think best. That they have done and are doing." (See The Closing Chapter by Rt. Hon Lord Denning p. 122). There	 however	 the prerogative writ of mandamus is confined only to public authorities to compel performance of public duty. The 'public authority ' for them mean every body which is created by statute and whose powers and duties are defined by statue. So Government departments	 local authori ties	 police authorities	 and statutory undertakings and corporations	 are all 'public authorities '. But there is no such limitation for our High Courts to issue the writ 'in the nature of mandamus '. Article 226 confers wide powers on the High Courts to issue writs in the nature of prerogative writs. This is a striking departure from the English law. Under Article 226	 writs can be issued to "any person or authority". It can be issued "for the enforcement of any of the fundamental rights and for any other purpose". Article 226 reads: "226. Power of High Courts to issue certain writs (1) Notwithstanding anything in article 32	 every High Court shall have power	 throughout the territories in relation to which it exer cises jurisdiction to issue to any person or authority including in appropriate cases	 any Government	 within those territories direc tions	 orders or writs	 includ 707 ing (Writs in the nature of habeas corpus	 mandamus	 prohibition	 quo warranto and certi orari	 or any of them for the enforcement of any of the rights conferred by Part II and for any other purpose. XXX XXX XXX XXX " The scope of this article has been ex plained by Subba Rao.	 in Dwarkanath vs Income Tax Officer	 ; at (540 41): "This article is couched in compre hensive phraseology and it ex facie confers a wide power on the High Courts to reach injus tice wherever it is found. The Constitution designedly used a wide language in describing the nature of the power	 the purpose for which and the person or authority against whom it can be exercised. It can issue writs in the nature of prerogative writs as understood in England; but the use of the expression "na ture"	 for the said expression does not equate the writs that can be issued in India with those in England	 but only draws an analogy from them. That apart	 High Courts can also issue directions	 orders or writs other than the prerogative writs. It enables the High Courts to mould the reliefs to meet the pecul iar and complicated requirements of this country. Any attempt to equate the scope of the power of the High Court under Article 226 of the Constitution with that of the English Courts to issue prerogative writs is to intro duce the unnecessary procedural restrictions grown over the years in a comparatively small country like England with a unitary form of Government into a vast country like India functioning under a federal structure. Such a construction defeats the purpose of the arti cle itself. " The term "authority" used in Article 226	 in the con text	 must receive a liberal meaning unlike the term in Article 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under article 32. Article 226 confers power on the High Courts to issue writs for enforce ment of the fundamental rights as well as nonfundamental rights. The words "Any person or authority" used in Article 226 are	 therefore	 not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of 708 the duty imposed on the body. The duty must be judged in the light of positive obligation .owed by the person or authori ty to the affected party. No matter by what means the duty is imposed. If a positive obligation exists mandamus cannot be denied. In Praga Tools Corporation vs Shri C.A. Imanual & Ors.	 ; 	 this Court said that a mandamus can issue against a person or body to carry out the duties placed on them by the Statutes even though they are not public offi cials or statutory body. It was observed (at 778): "It is	 however	 not necessary that the person or the authority on whom the statu tory duty is imposed need be a public official or an official body. A mandamus can issue	 for instance	 to an official or a society to compel him to carry out the terms of the statute under or by which the society is constituted or governed and also to companies or corporations to carry out duties placed on them by the statutes authorising their under takings. A mandamus would also lie against a company constituted by a statute for the purpose of fulfilling public responsibilities. (See Halsbury 's Laws of England (3rd Ed. II p. 52 and onwards). " Here again we may point out that mandamus cannot be denied on the ground that the duty to be enforced is not imposed by the statute. Commenting on the development of this law	 Professor De Smith states: "To be enforceable by mandamus a public duty does not necessarily have to be one imposed by statute. It may be sufficient for the duty to have been imposed by charter	 common law	 custom or even contract." (Judicial Review of Administrative 'Act 4th Ed. p. 540). We share this view. The judicial control over the fast expanding maze of bodies effecting the rights of the people should not be put into water tight compartment. It should remain flexible to meet the requirements of variable circumstances. Mandamus is a very wide remedy which must be easily available 'to reach injustice wherever it is found '. Technicalities should not come in the way of granting that relief under Article 226. We	 therefore	 reject the conten tion urged for the appellants on the maintainability of the writ petition. In the result	 the appeals fail and are dismissed but with a direction to the appellants to pay all the amounts due to the respondents as 709 per the judgment of the High Court. The amount shall be paid with 12 per cent interest. The balance remaining shall be paid within two months from today. The appellants shall also pay the costs of the respondents teachers which we quantify at Rs. 26	000. R.S.S. Appeals dismissed.

Appellant No. 1 is a public trust and the other appel lants are its trustees. The Trust was running a science college at Ahmedabad. The college initially had temporary affiliation to the Gujarat University. From June 15	 1973 onwards the college had permanent affiliation. A dispute between the University Area Teachers Associa tion and the University was referred to the Chancellor of the University who gave his award on June 12	 1970. The award was accepted by the State Government as well as by the University. The latter issued direction to all affiliated colleges to pay their teachers in terms of the award. The appellants instead of implementing the award served notice of termination upon 11 teachers on the ground that they were surplus	 and approached the University for permis sion to remove them. The Vice Chancellor did not accept their request. Thereupon the Trust decided to close down the college. The retrenched persons demanded arrears of salary and allowances	 provident fund and gratuity dues	 and closure compensation. But the management did not pay these dues. The employees then moved the High Court to issue a writ of mandamus directing the Trust to pay the retrenched employees their legitimate dues. The High Court accepted the writ petitions. Before this Court	 the appellants while conceding the just right of the employees to get salary for 2 1/2 months and the provident fund dues	 contended that the Trust was entitled to get reimbursement from the Government in lieu of these payments. As regards the arrears of salary. 698 payable under the Chancellor 's aWard	 the appellants con tended that it was the liability of the Government and not of the management of the college. As regards the closure compensation it was contended that Ordinance 120E prescrib ing compensation was ultra vires	 and	 at any rate	 it was not binding on the Trust since it was enacted prior to the affiliation of the college. It was further contended that the Trust was a private body and was not subject to the writ jurisdiction under Article 226. Dismissing the appeals	 it was	 Held: (1)The Court is only concerned with the liability of the management of the college towards the employees. Under the relationship of master and servant	 the management is primarily responsible to pay salary and other benefits to the employees. The management cannot say that unless and until the State compensates	 it will not make full payment to the staff. [703E F] (2) The college had temporary affiliation even earlier to the Ordinance 120E. That apart	 the benefits under the Ordinance are to be given when the college is closed which in this case was admittedly after the Ordinance was enacted. [704A B] (3) If the rights are purely of a private character no mandamus can issue. If the management of the college is purely a private body with no public duty mandamus will not lie. These are two exceptions to mandamus. But once these are absent and when the party has no other equally conven ient remedy	 mandamus cannot be denied. [705B C] (4) Public money paid as Government aid plays a major role in the control	 maintenance and working of educational institutions. The aided institutions	 like Government insti tutions	 discharge public function by way of imparting education to students. They are subject to the rules and regulations of the affiliating University. Their activities are closely supervised by the University authorities Em ployment in such institutions	 therefore	 is not devoid of any public character. [705C D] (5) When the University takes a decision regarding the pay scales of the employees of the aided institution	 it will be binding on the management. The service conditions of the academic staff are	 therefore	 not purely of a private character. It has super added protection by University decisions creating a legal right duty relationship. When there 699 is existence of this relationship	 mandamus cannot be re fused to the aggrieved party. [705E] (6) Article 226 confers wide powers on the High Court to issue writs in he nature of prerogative writs. Under Article 226	 writs can be issued to "any person or authority". It can be issued "for the enforcement of any of the fundamental rights and for any other purpose." [706F G] Executive Committee of Vaish Degree College vs Lakshmi Narain. 	 ; ; Deepak Kumar Biswas vs Director of Public Instructions.	 ; distinguished Dwarkanath vs Income Tax Officer	 ; 	 referred to. (7) This is a striking departure from the English Law. Under the English Law	 the prerogative writ of mandamus is confined only to public authorities to compel performance of public duty	 and 'public authority ' there means every body which is created by statute and whose powers and duties are defined by statute. [706E F] (8) The words "any person or authority" used in Article 226 are not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body. The duty must be judged in the light of positive obligation owed by the person or authority to the affected party	 no matter by what means the duty is imposed. If a positive obligation exists mandamus cannot be denied. [707G H; 708A B] (9) Mandamns cannot be denied on the ground that the duty to be enforced is not imposed by the statute. [708B] Praga Tools Corporation vs Shri C.A. Imanual	 ; 	 referred to. (10) The judicial control over the fast expanding maze of bodies affecting the rights of the people should not be put into water tight compartment. It should remain flexible to meet the requirements of variable circumstances. Mandamus is a very wide remedy which must be easily available 'to reach injustice wherever it is found '. Technicalities should not come in the way of granting that relief under Article 226. [708F G] 700