L N MTSHRA INSTITUTE OF ECONOMIC DEVELOPMENT AND SOCIAL CHANGE PATNA DR JAGADANAND JHA DR JAGADANAND JHA L N MISHRA INSTITUTE OF ECONOMIC DEVELOPMENT AND SOCIAL CHANGE PATNA L N MISHRA INSTITUTE OF ECONOMIC DEVELOPMENT AND SOCIAL CHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In these writ petitions and civil appeals, Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna, a Society registered under the Societies Registration Act, 1860, and its Registrar, Dr. Jagadanand Jha have challenged the constitutional validity of two Ordinances being Bihar Ordinances Nos. 15 of 1986 and 30 of 1986 replaced by the Bihar Private Educational Institutions (Taking Over) Act, 1987, hereinafter referred to as 'the Act'. Dr. Jagadanand Jha has further challenged the validity of the order of termination of his service as the Registrar of the Institute dated April 21, 1986 in Writ Petition (Civil) No. 439 of 1987. As disposal of Writ Petition (Civil) No. 431 of 1987 wherein the constitutional validity of the Act has been challenged and Writ Petition (Civil) No. 439 of 1987 in which the legality of the order of termination of service of the said Dr. Jagadanand Jha has been challenged will virtually mean disposal of the other writ petitions and appeals. we propose to deal with these two writ petitions.

(2.) The Institute, Lalit Narayan Mishra Institute of Economic Development and Social Change, Patna, hereafter referred to as 'Institute', was initially named Bihar Institute of Economic Development and was started in 1973 under the Chairmanship of Dr. Jagannath Mishra. the then Minister of Irrigation and later on the Chief Minister of Bihar. It was named as Lalit Narayan Mishra Institute of Economic Development and Social Change to commemorate the memory of late Shri Lalit Narayan Mishra, once upon a time, Union Railway Minister. It may be noticed at this stage that the name of the Institute and the name of the Society are the same.

(3.) The Institute was basically started as a research institute. In 1974, the Magadh University recognised the Institute for the purpose of research. Subsequently, Ranchi, Patna and Bihar Universities also granted recognition to the Institute as a research institute. In March, 1977, the Magadh University declared the Institute as an autonomous Institute under S. 73 of the Bihar State Universities Act, 1975.