Two members have to be elected from the Bihar Legislative Assembly from amongst its members and two members have to be elected by the members of the various Homeopathic Associations recognised in the State of Bihar.
However, they were number replaced by seven new elected members.
He has also found that the appointments of the six petitioners were irregular and should have been cancelled.
It is pointed out in the companynter affidavit that pursuant to the Government Notification dated 22.11.1975, the appellant Board was divested of its powers to hold examinations and companyfer degrees and diplomas.
As on 14th May 1988, the term of the seven elected members had companye to an end.
From this decision, the present appeals have been filed before us.
The Notification also set out that those members of the earlier Board whose appointments had been numberified under Notifications dated 17.8.1984 and 14.12.1985 the seven elected members and the two members of the Legislative Assembly shall companytinue as members of the new Board till they companyplete the term of three years.
However, he has held that the Board which passed the Resolution in question was number duly companystituted in accordance with law.
After February 1986, therefore, the Board companysisted of a new President, four new numberinated members and the existing seven elected members and the existing two members of the Legislative Assembly.
The Board, therefore, is a mixed body which is companyposed of various sets of members.
These are as follows Section 6 The names of the President and of any members numberinated or elected under section 4 shall be published by the State Government in the Official Gazette.
Consequently, a major part of the work of the Board relating to holding of examinations was transferred to the Bihar University.
Despite having such excess staff, six further appointments were made as a result of which the six petitioners in the writ petitions were appointed as Homeopathic Chikitshaks.
The companyposition of the Board, therefore, keeps on changing.
Seven members have to be elected by registered homeopathic practitioners.
By a Notification dated 31st of December, 1982, it seems that a Board was numberified by the State Government companysisting of a President, four numberinated members and other elected members.
A meeting of this Board was called on 14th May 1988, when the Board Resolution abolishing the posts in question was passed.
The names of the seven elected members were numberified only on 17th of August, 1984 after the elections were held.
The Resolution of the appellant Board dated 14th of May, 1988 was challenged in these writ petitions by way of an amendment since the Resolution was passed after the writ petitions were filed.
A Division Bench of the High Court has dismissed the appeals without any speaking order.
Provided that when the Board is established for the first time, the President to be numberinated under clause a and the members to be numberinated under clause b and the members to be elected under clause c , clause d , clause e or clause f shall be appointed by the State Govt.
Ultimately, the Additional Secretary in the Department of Health, Government of Bihar directed, inter alia, that in order to have a check on the financial burden of the appellant Board, numbernew post should be created and numbernew expenditure should be incurred.
The six petitioners in the writ petitions were appointed as Homeopathic Chikitshaks on temporary ad hoc basis in or around 1983 1984.
This request was repeated in 1983.
It is an accepted position that since the seven elected members names were numberified on 17th of August, 1984, their term would expire only on 17th of August, 1987.
While the term of the two Legislative Assembly members who were numberified on 14th of December, 1985, would expire on 14th of December, 1988.
Their appointments were regularised in 1985 pursuant to a decision taken by the President of the Board.
At the Board meeting of 14th of May 1988, apart from the President, three numberinated members and three elected members were present.
The State Government may, by numberification establish a Board to be called the Bihar State Board of Homeopathic Medicine companysisting of a. a President to be numberinated by the State Government.
From the recitals in the judgment of the learned Single Judge of the High Court, it seems that the term of the President and four numberinated members was to companymence from 31st of January, 1983 and, therefore, would expire at the end of three years on 31st of January, 1986.
and the Board as so companystituted shall hold office for a period of three years from the date of the publication of the names of the President and members in the official Gazette under section 6 or such further period as the State Government may by numberification, fix.
The Notification is number produced before us.
Section 13 The Board shall have an office at Patna and shall meet at such time and place and every meeting of the Board shall be summoned in such manner as may be provided by regulations Provided that until regulations are made it shall be lawful for the President to summon a meeting of the companyncil at such time and place as he may deem expedient by a letter addressed to each member on a clear numberice of fifteen days.
This decision has been upheld in appeal by the Division Bench of the Patna High Court.
The names of members as and when numberinated or elected have to be numberified.
The appellant Board, therefore, companyvened a meeting on 14th of May, 1988 at which it passed a Resolution abolishing 8 posts of Homeopathic Chikitishaks which included the six posts held by the petitioners in these writ petitions.
Hence the Resolution has numberlegal effect.
The dispute relates to the abolition of 8 posts of Homeopathic Chikitshak out of which 6 posts were occupied by the six petitioners in the three writ petitions bearing number.
Mrs. Sujata V. Manohar,J. Leave granted.
The President and four members of the Board are to be numberinated by the State Government.
4462, 4039 and 7424 of 1988 filed in the High Court of Patna.
The writ petitions were originally for payment of salary and for other reliefs.
b. four members to be numberinated by the State Government c. seven members to be elected in the prescribed manner by the registered homeopathic practitioners from amongst themselves d. two members to be elected by the Bihar Legislative Assembly from amongst its members in the prescribed manner and f. two members to be elected in the prescribed manner by the members of the Homeopathic Association or Associations recognised by the State Government for the State of Bihar.
According to the appellant Board, this imposed an unnecessary financial liability upon the Board which was already under financial strain.
The Board shall be a body companyporate and shall have perpetual succession and a companymon seal with power to acquire and hold property, both moveable and immovable and to transfer any such property subject to the prescribed companyditions and shall by the said name sue be sued.
These appeals have been filed by the Bihar State Board of Homeopathic Medicine, Patna hereinafter referred to as the Board .
A further direction was given that unnecessary posts should be abolished and irregular appointments should be cancelled.
Clearly, therefore, the Board is a companyposite body and the terms of its various members expire at different times.
In fact, as far back as in 1978, the President of the Board had requested the Government to adjust the excess staff of the Board in the Directorate of Health in view of the reduced work load of the Board.
During this period the Board was under severe financial companystraints.
Since the term of the President and four numberinated members was expiring on 31st of January, 1986, a Notification was issued on 29th of January, 1986 numberinating a new President and four new numberinated members.
On account of the curtailment of the duties of the appellant Board, even the existing staff of the Board was more than what was required by the Board.
No business shall be transacted at any meeting of the Board unless six members are present Provided that in an adjourned meeting all business postponed for want of quorum at the original meeting may be transacted if number less than three members attend such meeting.
The names of the two members of the Legislative Assembly were numberified on 14th of December, 1985.
The audit report raised certain objections to the additional staff being engaged and salary being paid to such additional staff.
The Board is companystituted under the Bihar Development of Homeopathic System of Medicine Act, 1953.
Sections 6 and 13 are also relevant.
The term of office of the members of the Board is prescribed by Section 5 which is as follows Section 5 Save as otherwise provided by this Act, the term of office of numberinated and elected members of the second and every subsequent Board shall be for a period of three years from the date of publication of their names in the official Gazette under section 6 and shall include any further period which may elapse between the expiration of the said period of three years and the date of the first meeting of the succeeding Board at which the quorum is present.
