YADUBIR SINHA Vs. DINESH NARAYAN SINGH

JUDGEMENT

(1.) The plaintiff, Dr. Dinesh Narayan Singh (Opposite Party No. 1), has filed a suit and has prayed for the following reliefs:

(2.) The plaintiff's case, inter alia, is that the said College is a public institution and is registered under the Societies Registration Act and is affiliated and recognised by the Bihar State Board of Homeopathic Medicine under the Bihar Development of Homeopathic System of Medicine Act, 1953. Its management has been carried on by a regularly constituted Governing Body under the Bihar Development of Homeopathic System of Medicine Regulations, 1961. The plaintiff joined the College as a teacher in the year 1958. Dr. Yadubir Sinha (defendant No. 1) remained Principal of the College till recently when he retired after a long term. The plaintiff claimed himself to be the Vice-Principal of the College. Dr. N.N. Sinha, who is the son of Dr. Yadubir Sinha, also joined as a teacher in the College sometime in the year 1964. In 1969, Dr. Yadubir Sinha wanted to make Dr. N.N. Sinha as senior to the plaintiff and other teachers. A suit was filed by the plaintiff in which there was a compromise and the plaintiff's seniority was maintained. The plaintiff further claimed that since the post of Prinicipal fell vacant on the retirement of Dr. Yadubir Sinha, the plaintiff Had become the Principal of the said institution in due and normal course. The said Dr. Yadubir Sinha, in collusion with the other members of the Governing Body, maneuvered to publish an advertisement in the Searchlight and the Indian Nation inviting applications for appointment to the post of Principal of the College for which the maximum age of the candidate has been fixed as 40 years. The plaintiff being more than 40 years of age has thus been deprived of his right even for applying for the post of Principal. The minimum qualification for the post has also been fixed to suit. Dr. N. N. Sinha and to exclude the plaintiff from applying. According to the plaintiff, the advertisement is in utter negation of the right of the plaintiff and is unjust, improper and mala fide. The plaintiff also stated in the plaint that the College and the Hospital was in the process of going under the control of the Bihar University under the Bihar Ordinance. The defendants "have no right or authority to debar or remove the plaintiff from the post of Principal of the said Sinha Homeo Medical College which he had acquired in due and normal course on the retirement of defendant No. 1 as the Principal". The plaintiff filed an application for ad-interim injunction.

(3.) The defendants, by filing a show cause, resisted the claim of the plaintiff. According to the defendants, the Governing Body of the institution had absolute right to appoint members of the teaching staff. There was no rule or regulation under any statute to control the power of the Governing Body which had the sole responsibility of regulating the affairs of the institution. According to them, there was no post of Vice-Principal in the College. The Principal, Dr. Yadubir Sinha, had not yet retired and had only expressed his desire to be relieved. As such the post of Principal had not yet fallen vacant. The advertisement had been made only with abundant precaution.