JAGDISH PANDEY Vs. VICE CHANCELLOR UNIVERSITY OF BIHAR

JUDGEMENT

(1.) Both these applications have been filed by the same person, named Shri Jagdish Pandey, undo: Arts. 226 and 227 of the Constitution of India and they have been heard together. This Judgment will govern both of them. Chronologically speaking, the events covered by Miscellaneous Judicial Case No. 498 of 1963 happened earlier, and, therefore, I will consider that case first. Miscellaneous Judicial Case No. 498 of 1963.

(2.) The petitioner has filed tills application as the Principal of Pandaul College in Madhubani, in the district of Darbhanga. The College is affiliated to the University of Bihar. The prayer in this application is to the effect that the orders of the Chancellor of the University passed under Section 4 of Bihar Act XIII of 1962 and communicated to the petitioner on the 18th August, 1962 and 18th February, 1963, may be quashed. It is also prayed that Section 4 of the Act, mentioned above, may be struck down as ultra vires of Article 14 of the Constitution of India. The order of the Chancellor communicated on the 18th August, 1962 has been mentioned in Annexure F of the application, and the second order communicated on the 18th February, 1963, has been mentioned in Annexure I of the application. These two annexures run as follows:

(3.) In reply to the application filed by Shri Jagdish Pandey, the University Service Commission has filed a petition, stating substantially as follows; It is mentioned that Shri Pandey had obtained only a third class in his M. A. examination and under Article 1(1) of the Bihar University Statutes, Chapter XVI, the minimum qualification of a Principal is: