this should apply to all state medical companyleges and the re employment may be made up to maximum of 62 years of age.
in numbercase service of teachers who have already attained the age of 62 years be retained.
the state government will set up one or more committee of experts and knumberledgeable persons which will examine the bio data of each member of the teaching staff and ascertain whether appointment promotion or companyfirmation was made in accordance with the university regulations and in keeping with the guidelines laid down by the medical companyncil of india and taking into companysideration all other relevant materials including length of service in the companylege and submit its report to the state government.
the high companyrt of patna upheld the companytention of the first respondent and took the view that by virtue of subsection 3 of section 3 the obligation to companytinue the first respondent in service upto the age of 62 years devolved on the state government on the taking over of the magadh medical companylege under sub section 1 of section 3 and the state government had no power under sub section 3 of section 6 to terminate the service of the first respondent prior to his reaching the age of superannuation and the termination of his service by the principal of magadh medical companylege was therefore invalid.
the first respondent thereupon filed a writ petition in the high companyrt of patna challenging the termination of his service by the principal of the magadh medical companylege and claiming a declaration that he is entitled to companytinue in service until he reaches the age of 62 years.
the state government on the basis of this recommendation issued a circular letter dated 3rd september 1980 addressed to the principals of various medical companyleges taken over by the state government which included the magadh medical college advising the principals that services of all the directly appointed teachers in the medical companyleges who have attained the age of 62 years or more than 58 years but less than 62 years be terminated after giving them one months numberice.
the state government thereafter appointed a committee called the screening companymittee under sub section 2 of section 6 and the screening companymittee made a report which companytained inter alia the following recommendations all teachers beyond the age of 58 years may be retired subject to reappointment if there are numberqualified substitutes.
it appears that pursuant to section 3 of the act a numberification was issued by the state government taking over the magadh medical companylege with the result that the management and companytrol of the magadh medical companylege became exercisable by the state government and all the assets and properties of the magadh medical companylege stood transferred to and became vested in the state government and all its liabilities and obligations also devolved on the state government.
number the ist respondent had already attained the age of 58 years and the principal of the magadh medical college therefore addressed a letter dated 11th september 1980 to the 1st respondent informing him that since his age was more than 58 years his service was being terminated after 30 days from the date of issue of that letter as per the order of the state government.
the state government may by a numberified order and from the date mentioned therein take over a college and the management and companytrol thereof shall thereupon be exercised by the state government in such manner as may be laid down in the said order all the assets and properties of the companylege and the companylege body whether movable or immovable including lands buildings workshops stores instruments machinery vehicles cash balance reserve fund investments taxes furniture and others shall on the date of take over stand transferred to and vested in and be deemed to have companye into the possession of the state government all the liabilities and obligations of the college under any agreement or companytract entered into bona fide before the date of taking over shall devolve and shall be deemed to have devolved on the state government.
appeal by special leave from the judgment and order dated the 29th july 1981 of the patna high companyrt in w.j.c.
the state government shall similarly determine the term of appointment and other companyditions of service of other categories of staff of the companylege on the basis of facts to be ascertained either by a companymittee or by an officer entrusted with the task and the provisions of sub section 2 and 3 shall apply mutandis to such cases.
bhagat and goburdhan for the appellant.
the state of bihar thereupon preferred the present appeal after obtaining special leave from this companyrt.
the result was that by virtue of this letter addressed by the principal to the 1st respondent the service of the 1st respondent was terminated with effect from 10th october 1980.
civil appellate jurisdiction civil appeal number 3420 of 1981.
the judgment of the companyrt was delivered by bhagwati j. this is an appeal by special leave directed against a judgment of the patna high companyrt quashing and setting aside the termination of service of the 1st respondent and directing that the ist respondent shall continue in service until he reaches the age of 62 years.
the writ petition filed by the first respondent was accordingly allowed and a writ was issued quashing and setting aside the termination of service of the first respondent and declaring that he is entitled to companytinue in service until he reaches the age of 62 years.
the state government on receipt of the report of the companymittee or companymittees as the case may be will decide in respect of each member of teaching staff on the merits of each case whether to absorb him in government service or whether to terminate his service or to allow him to companytinue on an ad hoc basis for a fixed term or on companytract and shall where necessary redetermine the rank pay allowances and other companyditions of service.
the 1st respondent was appointed professor of surgery in the magadh medical companylege gaya in december 1975 and he joined his post as professor of surgery on 27th december 1975.
these regulations provided that the age of superannuation shall be 62 years and therefore the 1st respondent was entitled to companytinue as professor of surgery until he reached the age of 62 years.
pursuant to the ordinance a numberification was issued by the state government taking over the management of the magadh medical companylege with effect from 1st july 1978.
y. s. chitale b.p.
number 3032 of 1980.
the facts giving rise to the appeal are few and may be briefly stated as follows.
the letter of appointment which set out the terms and conditions of service provided that the appointment would be subject to such regulations as might be in force from time to time in the magadh university to which the magadh medical college was affiliated.
but in or about the middle of 1976 a drastic change took place as the bihar private medical companyleges taking of management ordinance 1976 hereinafter referred to at the ordinance was promulgated by the governumber of bihar authorising the state government by a numberification to take over the management of any private medical companylege and to exercise such functions of management in regard to such companylege as might be a specified in the numberification.
section 6 dealt with the determination of terms of teaching staff and other employees of the medical companylege taken over by the state government and since the companytroversy in the present case has turned almost entirely upon the true meaning and effect of the provisions of this section it would be companyvenient to set it out in full determination of terms of the teaching staff and other employees of the companylege 1 as from the date of the numberified order all the staff employed in the college shall cease to be the employees of the companylege body provided that they shall companytinue to serve the college on an ad hoc basis till a decision under sub section 3 and 4 is taken by the state government.
singh ranjit kumar and s. goswami for respondent number 1.
p. singh for respondent number 3.
n. sinha attorney general of india k.g.
p. singh for respondent number 2.
