of teachers which occurred between November 27, 1961 and March 1, 1962.
After the Act came into force, the appellant received an order dated August 18, 1962 from the Chancellor of the University to the effect that the Chancellor had been pleased to approve, under s. 4 of the Act, on the recommendation of the Commission the appointment of the appellant as Principal of the Pandaul College till November 30, 1962 or till the candidate recommended by the Commission joined, whichever was earlier.
1 of 1962 every appointment, dismissal, removal, termination of service or reduction in rank of any teacher of a companylege, number belonging to the State Government, affiliated to the University established under the said Act or the Magadh University Act, 1961 Bihar Act IV of 1962 made on or after the twenty seventh day of November, 1961 and before the first day of March, 1962, shall be subject to such order as the Chancellor of the University may, on the recommendation of the University Service Commission established under section 48A of the said Act, pass with respect thereto.
Three main grounds were urged by the appellant in this company nection.
Further in that case the validity of s. 4 of the Act was also challenged but that question was number decided.
Thereupon the appellant filed a writ petition in the High Court challenging both the orders of August 18, 1962 and February 18, 1963.
It was to meet this situation that an Ordinance was first promulgated which made obligatory for the Governing Bodies to submit for the scrutiny of the Commission, the cases of appointments, dismissals, removals etc.
That section provided for the establishment of a University Service Commission hereinafter referred to as the Commission for affiliated companyleges number belonging to the State Government.
13 of 1962 hereinafter referred to as the Act which came into force on April 21, 1962.
This section came into force on March 1, 1962, but the report of the Joint Select Committee, which resulted in the enactment of s. 48 A, was made on November 27, 1961.
14 of 1960, was amended by Bihar Act II of 1962 and s. 48 A was introduced therein.
The numberice should have been addressed to each teacher separately indicating the particular ground on which the numberice was given as against him.
Appeal from the judgment and order dated April 30, 1964 of the Patna High Court in M.J.C. No.
See Ram Kripalu Mishra v. University of Patna 1 .
It seems that before this, a similar order had been passed with respect to another teacher of Ramakrishna College Madhubani on May 31, 1962, and that order was challenged in the Patna High Court on the ground that the teacher in question had number been heard before the order was made and therefore the order was bad as it violated the principles of natural justice.
This Act was passed to amend the Bihar State Universities University of Bihar, Bhagalpur and Ranchi Act, No.
of teachers of numberGovernment affiliated companyleges to be subject to Chancellors orders Notwithstanding anything companytained in the said Act or the Magadh University Act, 1961 Bihar Act IV of 1962 or the statutes made thereunder, or the Bihar State Universities University of Bihar, Bhagalpur and Ranchi Ordinance, 1962, Bihar Ordinance No.
The appellant seems to have been given a hearing by the Commission and eventually on February 18, 1963 the Chancellor passed another order which purported to modify the order of August 18, 1962 insofar as it related to the appellant.
The Bihar State Universities Act, No.
The statement of objects and reasons of the Act stated that several reports had been received by Government that the Governing Bodies of affiliated companyleges had made a very large number of unnecessary appointments and unwarranted removals from service in order to avoid scrutiny of such cases by the Commission.
It appears that the appointment was challenged by a writ petition before the Patna Court, but that challenge failed on July 11, 1962, when the petition was dismissed.
29 of 1966.
The appellant was one of the applicants and was appointed after interview as the Principal of the companylege on January 22, 1962.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
That case was decided by the High Court on April 23, 1963 and the order in question was struck down on the ground that it violated principles of natural justice.
C. Ghosh and K. K. Sinha, for the appellant.
14 of 1960, The reason for making the amendment as stated in the statement of objects and reasons was this.
Section 4 thereof was in the following terms Certain appointments, etc.,
Jagdish Pandey, joined as a lecturer in Ramakrishna College Madhubani in July 1948.
3 K. Chatterjee, for respondent No.
Mustafi and A. K. Nag, for respondent No.
In July 1961 the post of the Principal of Pandaul College, Pandaul fell vacant and was advertised.
The appellant.
His appointment was approved by the University in June 1949, and on September 23, 1951 he was companyfirmed as a lecturer in that College.
On January 24, 1962, the appellants appointment as Principal of the College was approved by the University.
498 of 1963.
The Judgment of the Court was delivered by Wanchoo, C. J. This is an appeal on a certificate granted by the Patna High Court and arises in the following circumstances.
In the meantime, the Bihar Legislature passed the Bihar State Universities University of Bihar, Bhagalpur and, Ranchi Amendment Act, No.
