JAGDISH PANDEY Vs. CHANCELLOR UNIVERSITY OF BIHAR

JUDGEMENT

(1.) This is an appeal on a certificate granted by the Patna High Court and arises in the following circumstances. The appellant, Jagdish Pandey, joined as a lecturer in Ramakrishna College Madhubani in July 1948. His appointment was approved by the University in June, 1949, and on September 23, 1951 he was confirmed as a lecturer in that College. In July 1961 the post of the Principal of Pandaul College Pandaul fell vacant and was advertised. The appellant was one of the applicants and was appointed after interview as the Principal of the college on January 22, 1962. On January 24, 1962, the appellant's appointment as Principal of the College was approved by the University. It appears that the appointment was challenged by a writ petition before the Patna High Court, but that challenge failed on July 11, 1962, when the petition was dismissed.

(2.) In the meantime, the Bihar legislature passed the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) (Amendment) Act, No. 13 of 1962 (hereinafter referred to as the Act) which came into force on April 21, 1962. Section 4 thereof was in the following terms:-

(3.) This Act was passed to amend the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, No.14 of 1960. The reason for making the amendment as stated in the statement of objects and reasons was this. The Bihar State Universities Act, No. 14 of 1960, was amended by Bihar Act II of 1962 and S. 48-A was introduced therein. That Section provided for the establishment of a University Service Commission (hereinafter referred to as the Commission) for affiliated colleges not belonging to the State Government. Sub-section (6) of S. 48-A provided that "subject to the approval of the University, appointments, dismissals, removals, termination of service or reduction in rank of teachers of an affiliated college not belonging to the State Government shall be made by the governing body of the college on the recommendation of the Commission." In effect thereafter no appointment, dismissal, etc., could be made after S.48-A came into force without the recommendation of the Commission. This Section came into force on March 1, 1962, but the report of the Joint Select Committee, which resulted in the enactment of S.48-A,was made on November 27,1961. The statement of objects and reasons of the Act stated that several reports had been received by Government that the Governing Bodies of affiliated colleges had made a very large number of unnecessary appointments and unwarranted removals from service in order to avoid scrutiny of such cases by the Commission. It was to meet this situation that an Ordinance was first promulgated which made obligatory for the Governing Bodies to submit for the scrutiny of the Commission, the cases of appointments, dismissals, removals etc. of teachers which occurred between November 27, 1961 and March 1, l962. The Act replaced that Ordinance.