STATE OF BIHAR Vs. YOGENDRA SINGH COL RETIRED

JUDGEMENT

(1.) This is an appeal by special leave directed against a judgment of the Patna High Court quashing and setting aside the termination of service of the 1st respondent and directing that the 1st respondent shall continue in service until he reaches the age of 62 years. The facts giving rise to the appeal are few and may be briefly stated as follows.

(2.) The 1st respondent was appointed Professor of Surgery in the Magadh Medical College, Gaya in Dec. 1975 and he joined his post as Professor of Surgery on 27th Dec. 1975. The letter of appointment which set out the terms and conditions of service provided that the appointment would be subject to such regulations as might be in force from time to time in the Magadh University to which the Magadh Medical College was affiliated. These regulations provided that the age of superannuation shall be 62 years, and, therefore, the 1st respondent was entitled to continue as Professor of Surgery until he reached the age of 62 years. But in or about the middle of 1976 a. drastic change took place, as the Bihar Private Medical Colleges (Taking Over of Management) Ordinance, 1976 (hereinafter referred to as the Ordinance) was promulgated by the Governor of Bihar authorising the State Government by a notification to take over the management of any private Medical College and to exercise such functions of management in regard to such College as might be specified in the notification. Pursuant to the Ordinance a notification was issued by the State Government taking over the management of the Magadh Medical College with effect from 1st July, 1978. The Ordinance was subsequently replaced by the Bihar Private Medical Colleges (Taking Over) Act, 1978 (hereinafter referred to as the Act). Section 3 of the Act provided for taking over of private Medical Colleges and it read as follows:-

(3.) The first respondent thereupon filed a writ petition in the High Court of Patna challenging the termination of his service by the Principal of the Magadh Medical College and claiming a declaration that he is entitled to continue in service until he reaches the age of 62 years. The High Court of Patna, upheld the contention of the first respondent, and took the view that by virtue of sub-sec. (3) of S. 3, the obligation to continue the first respondent in service up to the age of 62 years devolved on the State Government on the taking over of the Magadh Medical College under sub-sec. (1) of S. 3 and the State Government had no power under sub-sec. (3) of S. 6 to terminate the service of the first respondent prior to his reaching the age of superannuation and the termination of his service by the Principal of Magadh Medical College was therefore, invalid. The writ petition filed by the first respondent was accordingly allowed and a writ was issued quashing and setting aside the termination of service of the first respondent and declaring that he is entitled to continue in service until he reaches the age of 62 years. The State of Bihar thereupon preferred the present appeal after obtaining special leave from this Court.