BASUDEO CHANDRA SINHA Vs. CHANCELLOR UNIVERSITY OF BIHAR

JUDGEMENT

(1.) Shri Basudeo Chandra Sinha, the sole petitioner in this case, holds a Second Class Master's Degree in Psychology and a Bachelor's Degree in Law obtained from the University of Bihar. His case is that he was appointed as a Laboratory Assistant in Samastipur College on the 1st of September, 1960, and, besides his duties as such, he was also entrusted with the work of teaching of Psychology upto B. A. classes. The Governing Body of the said College, in accordance with the Bihar University Statutes hereinafter called the Statutes, promoted the petitioner to the post of a Lecturer in Psychology on the 24th of January, 1962, and his appointment to the said post was also approved by the syndicate of the Bihar University as required by the Statutes. The Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) (Amendment) Act, 1962 (Bihar Act XIII of 1962) was passed by the Bihar Legislature which received the assent of the Governor on the 20th April, 1962, published in the Bihar Gazette, Extraordinary, on the 21st April, 1962, Section 4 of the Act provides--

(2.) In exercise of the power conferred by the said provision of law, respondent No. 1, the Chancellor of the University of Bihar, directed that the post held by the petitioner as a Teacher in Psychology in the Samastipur College be advertised and permitted him in the meantime to continue on the said post upto the 20th November, 1962, or till a candidate recommended by the University Service Commission joined. The said order of the Chancellor was communicated by the Secretary to the Governor of Bihar, to the Vice-Chancellor, University of Bihar, in his letter dated 27th of August, 1962, a copy of which is annexure D to the writ application. Thereupon, the petitioner sent memorials to the Chancellor, the Vice-Chancellor and the University Service Commission stating therein that the disapproval of the petitioner's appointment was illegal and improper and that it could not be interfered with by the Chancellor in exercise of his powers under Section 4 of the Bihar Act XIII of 1962, as his appointment was in accordance with the Statutes of the Bihar University. The University Service Commission, respondent No. 3, sent a Circular No. 2655 dated 19th November, 1962, asking the petitioner to show cause on the 6th December, 1962.

(3.) Nobody has appeared on behalf of the Chancellor, respondent No. 1, and the Governing Body of Samastipur College, respondent No. 4, The learned Government Advocate has appeared on behalf of the State of Bihar, respondent No. 5, only for the purposes of supporting the validity of Section 4 of Bihar Act XIII of 1962 which has been attacked on behalf of the petitioner as unconstitutional and violative of Article 14 of the Constitution. A counter-affidavit has been filed on behalf of the University Service Commission, respondent No. 3, only, but Mr. Ramananda Sinha has appeared to show cause and make his submissions not only on behalf of the said respondent but also on behalf of the University of Bihar, respondent No. 2.