SRI KANT PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application is directed against the order dated 30th November, 1996, contained in Annexure 1, passed by the Deputy Development Commissioner, Gaya cum Secretary of the Managing Committee of Ayurved Medical College, Gaya, whereby and whereunder pursuant to the enquiry report submitted by the conducting officer in the departmental proceeding initiated against the petitioner, the authority on humanitarian ground took lenient view and passed order only for reverting him back permanently to the post from which he had been appointed as Principal in the said Institution.

(2.) IN short, the relevant facts are that a departmental proceeding was initiated against the petitioner with respect to certain charges in which an enquiry report was submitted by the conducting officer and on consideration of the same, the aforementioned impugned order was passed.

(3.) MR . Ravi Shankar Prasad, learned Counsel appearing for the respondent Institution submitted that Section 57A of the Universities Act will have no application to the facts of the present case and the petitioner cannot seek any protection under the said provision as the respondent Institution is not covered by the provisions referred to by the learned Counsel for the petitioner According to him, for application of Section 57A of the Universities Act or Sub section (12) of Section 2 of the Commission Act, the petitioner will have to show that the college is an affiliated college and is controlled by the provisions relating to such affiliated college contained in Sections 59 and 60 of the Universities Act. In this regard he also referred to the definition of the words 'affiliated College' as provided in Clause (c) of Section 2 of the Universities Act which means educational institution having received privileges of the University according to the provisions of the said Act and University Statutes made thereto. It was submitted by Mr. Prasad, learned Counsel for the respondent Institution that the respondent Institution does not receive any privileges from the University as per the provisions of this Act and the University Statute except that under the direction of the State Government the students of the said Institution are allowed to sit in the examination conducted by Kameshwar Singh Sanskrit University. It was also submitted by him that the overall control of the institution in question is vested in the State Government and is governed by the provisions of the Bihar Indigenous Medical Educational Institution (Regulation and Control) Act, 1982 (hereinafter referred to as 'the 1982 Act'). He further submitted that Section 8 of 1982 Act fully deals with all service conditions of the Teachers of the Institution concerning Indigenous Medical Education and as such the application of the provisions of the Universities Act of the Commission Act shall be deemed to have been excluded in the cases of the Teachers of the said Institution.