SURJIT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) -THE facts and law points involved in both petitions being similar and identical, the petitions are disposed of by this common judgment.

(2.) THE petitioner's case is that he is m. A. both in History and Political Science and Ph. D. and D. Litt. and that originally on and from 5. 2. 1970 he was appointed as lecturer in History in Sri Guru Govind Singh college, Patna City. Thereafter, he was appiointed to the first sanctioned post as lecturer in Policital Science in the said College by the governing body of the College by the order dated 24. 8. 1979. The order of the said appointment was approved on 26. 11. 1979 by the Prabhandak Committee, sri Takht Harmandir Ji, Patna City, which managed the College. Sri Guru Govind singh College, Patna City, hereinafter mentioned as 'the College' was a minority institution and was establised by the Sikh community and the same was managed by the Prabhandak Committee, Sri Takht Harmandir Ji, patna city. The petitioner was declared Head of the Department of Political Science by the governing Body of the college in its meeting dated 27. 4. 1980, which was communicated to the petitioner by letter dated 5. 5. 1980, a copy of which is annexed as Annexure 2 to the petition. In the years 1983 and 1986, in absence of the principal, the petitioner was made Professor-in-charge of the college and was paid salary by the Prabhandak Committee of Sri takht Harmandir Ji, Patna city, time to time. The petitioner was also made the Head Examiner of Political science by the Magadh university. The petitioner's further case is that the college was declared constitutent College of the Magadh University on 12. 6. 1986 and the administration thereof was taken over by the Magadh University. After the College was made constitutent unit of the Magadh university, the Screening Committee was appointed to furnish the list of teaching staff of the College, but the petitioner's name was wilfully omitted in the said list and consequently the petitioner was not absorbed in the College. The petitioner, thereafter, made an appeal before the Chancellor of magadh University and the Chancellor, thereafter, appointed an Enquiry Committee to make enquiry in this regard and to admil its report. Besides the case of the petitioner, the said Enquiry Committee also enquired the identical case of Sri Lal Mohan upadhaya and of Sri Tarini Prasad, that they had been working as Lecturer in Hindi and in English, respectively, in the College, but their names were arbitrarily dropped and consequently they were not absorbed. The enquiry Committee after consideration of the materials placed before it submitted report on 28. 7. 1988. In the report, the Enquiry Committee held :

(3.) AFTER the report was submitted by the Enquiry Committee appointed by the chancellor, the Registrar of the Magadh university by the letter dated 19. 11. 1989 communicated the order of the Vice-Chancellor as follows : -