BISHWESHWAR DAYAL SINHA Vs. UNIVERSITY OF BIHAR

JUDGEMENT

(1.) The writ petition from which this appeal by special leave arises had been filed by the appellant Bisheshwar Dayal Sinha by which he challenged the validity of the order issued by the Vice-Chancellor of the Bihar University directing the reconstitution of the Governing Body of the Rajendra College, Chapra and of the relevant new statutes framed by him under which the said order is purported to have been issued. His case was that the relevant new statutes are ultra vires the authority of the Vice-Chancellor and the impugned order passed by him in pursuance of the said relevant statutes is, therefore, illegal, inoperative and void. Along with the petition filed by the appellant, four other petitions had been filed by the other persons seeking to obtain a similar relief. The Patna High Court has, in substance, rejected the appellant's case and has accordingly dismissed the appellant's writ petition as well as the other petitions filed by other persons. On behalf of the appellant, Mr. Setalvad has contended that the view taken by the Patna High Court about the validity of the relevant statutes is not sustainable and that the said statutes are ultra vires with the inevitable consequence that the impugned order directing the reconstitution of the Governing Body of the Rajendra College must also be held to be invalid.

(2.) The Rajendra College is an educational institution which has been admitted by the Bihar University as a College, as defined in Section 2(d) of the Bihar State Universities (Patna, University of Bihar, Bhagalpur and Ranchi) Act (Bihar Act XIV of 1960) (hereinafter called 'the Act') read with Article 1 of Chapter XII of the Statutes framed under the Act. The said college is a public institution founded by public charities and is conducted under the management of a Governing Body. The first Governing Body of the College was formed by the citizens of Chapra who had assembled for that purpose in a meeting on the 31st July, 1938. The Governing Body thus constituted consisted of 18 members; if continued to function until the 24th July, 1940, with addition in the personnel made from time to time by co-option. Later, in 1941, the Governing Body adopted a constitution framed by the Principal of the College at its request and that constitution governed the administration of the college. In due course, some further amendments were made in 1950. After the passing of the University of Bihar Act, 1951 (Bihar Act XXVII of 1951) and the framing of Chapter XIII of the Statutes under the said Act, the University suggested to the Governing Body to bring its constitution in line with the provisions of Chapter XIII of the said Statutes. Accordingly, modifications were made in the constitution, and the constitution thus modified and amended from time to time was in operation at the relevant time.

(3.) The appellant had been elected Secretary to the Governing Body on the 3rd of June, 1961, and under the relevant rules of the constitution, his term of office was to be three academic sessions, and as such, it was to last until 31st May, 1964. Meanwhile, by the impugned order passed by the Vice-Chancellor on the 13th January, 1963, the appellant has been removed from his position as Secretary and another person has been appointed in his place. That is the reason why the appellant moved the Patna High Court for appropriate writ or order quashing the impugned order and the relevant statutes on which it purports to be based. To his writ petition, the appellant impleaded 18 persons amongst them being respondent No. 1, the University of Bihar, respondent No. 2 Mr. Srivastava, Vice-Chancellor of the University of Bihar, and respondent No. 3, the Chancellor of the University of Bihar.