VIJAY NARAYAN SINGH Vs. VICE CHANCELLOR PATNA UNIVERSITY

JUDGEMENT

(1.) This application has been filed under Article 226 of the Constitution of India for quashing and cancellation of Letter No. 921/R, dated 10-7-68 (Annexure 1 to the writ application) received by the petitioner from the Registrar of the Patna University (Respondent No. 3) under the direction of the Vice-Chancellor of the said University (respondent No. 1) requiring the petitioner to hand over charge of the office of the Principal, Prince of Wales Medical College, to Dr. G. Achari, Professor and Head of the Department of Pharmacology, Patna University (respondent No. 4) and to hand over his office of Professor of Surgery No. I to Dr. R. V. P. Sinha who was then Professor of Surgery No. II (respondent No. 5). The petitioner had further prayed for an order of interim iniunction restraining the respondent Vice-Chancellor and the respondent Registrar, or either of them, from interfering, or in any way intermeddling with the discharge of his duties by the petitioner as the University Professor of Surgery and Principal of the Prince of Wales Medical College. The said letter was based on another letter dated the 6th July, 1968, from the Secretary, Health Department, addressed to the Chancellor, Patna University in reply to the Vice-Chancellor's letter No. 837, dated 13-6-68 informing him that the Government after due consideration have decided that Dr. Vijoy Narain Singh will not be re-employed in Government service after his retirement on 14r7-68 hi the forenoon. The Vice Chancellor was further directed to take action accordingly (Vide enclosure to An-nexure 1).

(2.) The facts which have given rise to the letters referred to above may briefly be summarised as follows :-- The petitioner is a Fellow of the Royal College of Surgeons (England) and had been in the Medical Service of the Provincial Government and of its successor, the State of Bihar (respondent No. 6), under whose authority the Medical service was recently re-organised and constituted and named as the Bihar Medical Health Service. The then Provincial Government used to depute its officers under the Medical Service for teaching jobs at the Prince of Wales Medical College maintained and run by the Government and affiliated to the Patna University constituted under the Patna University Act of 1917. The petitioner was appointed Professor of Clinical Surgery of the Prince of Wales Medical College by the State Government in the year 1947. On the repeal of the Patna University Act of 1917 and its re-enactment as the Patna University Act, 1951 (Bihar Act XXV of 1951) (hereinafter referred to as 'the Act') and on the re-constitution of the Patna University, the said Prince of Wales Medical College, along with some other colleges specified under Section 51 of the Act, was transferred to the control of the Patna University constituted under the Act. Consequential to the transference of the said college the University was enjoined under Section 52 of the Act to employ, on such terms as may be determined by the State Government, all members of the teaching staff and other servants of the State Government employed in the Colleges transferred to the University under Sub-section (1) of Section 51 of the Act, who, immediately before the commencement of the Act, were serving in, or were attached to the colleges. The services of the petitioner were transferred to the Patna University in January, 1952. According to the petitioner, he was appointed as Professor of Surgery and the Head of the University Department in 1958. Further since 1961 he was also working as the Principal of the Prince of Wales Medical College. On the 15th July, 1968, the petitioner, on attaining the age of 58 years, was to retire on his superannuation from the Health Service of the respondent State.

(3.) On the 31st of May, 1968, the Members of the Syndicate of the Patna University in its ordinary meeting held on the 31st of May. 1968, considered the question of re-appointment of the petitioner until the age of 62 years on his superannuation from the Government service after attaining the age of 58 years. The relevant portion of the resolution reads as follows :-- "Resolved that Dr. V. N. Singh, Professor of Surgery and Principal, Prince of Wales Medical College, who is due to superannuate from Government service on attaining the age of 58 years with effect from 14-7-1968, be re-employed in the University Service until he attains the age of 62 years subject to concurrence of the State Government." (Vide Annexure 2) By another ordinary meeting held on the 10th of June, 1968 the Members cf the Syndicate of the University deleted the last portion of the above resolution, namely, "subject to concurrence of the State Government" (vide Annexure 2/A).