AWADH BIHARI SINHA Vs. UNIVERSITY OF BIHAR

JUDGEMENT

(1.) These three writ petitions were heard together as the main question involved in all of them is the validity of the order dated 15-9-1966 passed by the Chancellor of Bihar University in purported exercise of the power conferred on him by Section 8(4) of the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960, (Bihar Act XIV of 1960), (hereinafter referred to as the Act). The annexures referred to in this judgment are those filed in C.W.J.C. No. 654 of 1966.

(2.) The three petitioners had appeared for the M.S. degree in Ophthalmology of the Bihar University from the Darbhanga Medical College in October/November, 1965. They were examined by three examiners who in their reports (annexures IV, V and VI) dated 2-11-i 965 stated as follows:

(3.) In the meantime, the attention of the Chancellor was invited to the alleged contravention of the provisions of the Regulation in declaring the three petitioners to be successful in the said examination. The Secretary of the Medical Council of India (Annexure III) also wrote a letter to the Chancellor on the 20th of December, 1965 requesting him to take immediate action in the matter saying that otherwise the Medical Council may be constrained to withdraw recognition of all the medical qualifications granted by the Bihar University. Thereupon, the Chancellor issued notice on the three petitioners to show cause why the degree granted to them may not be annulled and after hearing the cause shown by them and also hearing their advocate, namely Mr. Balbhadra Prasad Singh, passed the impugned order annulling the notification of the Vice-Chancellor declaring the petitioners to have passed the M.S. Examination.