That being so, with the reconstitution of the Senate the statutory power of the Vice Chancellor under s. 35 came to an end, and so, the Statutes which were promulgated on the 18th November, 1962 were invalid.
Appeal by special leave from the judgment and order dated December 23, 1963 of the Patna High Court in M. J. C. No.
Sarjoo Prasad, S. L. Chhibber and B. P. Jha, for respondent No.
C. Agarwal, R. K. Garg, D. P. Singh and M. K. Rama murthy, for respondent No.
Later, in 1941, the Governing Body adopted a companystitution framed by the Principal of the College at its request and that companystitution governed the administration of the companylege.
The Governing Body thus companystituted companysisted of 18 members it companytinued to function until the 24th July, 1940, with additions in the personnel made from time to time by company option.
Goburdhun, for respondent No.
To his writ petition, the appellant impleaded 18 persons amongst them being respondent No.
P. Varma, for intervener No.
In due companyrse, some further amendments were made in 1950.
That is the reason why the appellant moved the Patna High Court for appropriate writ or order quashing the impugned order and the relevant statutes on which it purports to be based.
After the passing of the University of Bihar Act, 1951 Bihar Act XXVII of 1951 and the framing of Chapter XIII of the Statutes under the said Act, the University suggested to the Governing Body to bring its companystitution in line with the provisions of Chapter XIII of said Statutes.
It appears that the stay order passed by the High Court was in relation to the direction issued by the Chancellor prohibiting Baleshwar Prasad Choudhary from acting as a member of the Senate and that strictly may number have a material bearing on the question as to whether the Senate had been properly companystituted before the 18th Novem ber, 1962 or number.
The first of these Amending Acts came into force on the 1st of March, 1962 the second on 21st April, 1962 and the third on the 16th October, 1962.
Dipak Datta Choudhri and A. K. Nag, for intervener No.
His case was that the relevant new statutes are ultra vires the authority of the Vice Chan cellor and the impugned order passed by him in pursuance of the said relevant statutes is, therefore, illegal, inoperative and void.
The High Court has rejected this companytention mainly on the ground that the Senate was number duly companystituted even on the 30th November, 1962 inasmuch as the application of Mr. Baleshwar Prasad Choudhary filed, in the High Court was still pending and the question had still to be decided as to whether he was entitled to be a member of the Senate as being a donor of the Dalsingsarai College.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On behalf of the appellant, Mr. Setalvad has companytended that the view taken by the Patna High Court about the validity of the relevant statutes is number sustainable and that the said statutes are ultra vires with the inevitable companysequence that the impugned order directing the reconstitution of the Governing Body of the Rajendra College must also be held to be invalid.
The appellant had been elected Secretary to the Governing Body on the 3rd of June, 1961, and under the relevant rules of the companystitution, his term of office was to be three accademic sessions, and as such, it was to last until 31st May, 1964.
April 24, 1964.
Along with the petition filed by the appellant, four other petitions had been filed by other persons seeking to obtain similar relief.
The said section empowered the Vice Chancellor to exercise, the powers of the appropriate Bodies of the University for a period number exceeding nine months, or until the respective Bodies were reconstituted.
Meanwhile, by the impugned order passed by the Vice Chancellor on the 13th January, 1963, the appellant has been removed from his position as Secretary and another person has been appointed in his place.
The Patna High Court has, in substance,, rejected the appellants case and has accordingly dismissed the appellants writ petition as well as the other petitions filed by other persons.
The first Governing Body of the College was formed by the citizens of Chapra who had assembled for that purpose in a meeting on the 31st July 1938.
2 Mr. Srivastava, Vice Chancellor of the University of Bihar, and respondent No.
The judgment of the Court was delivered by GAJENDRAGADKAR, C. J. The writ petition from which this appeal by special leave arises had been filed by the appellant Bisheshwar Dayal Sinha by which he challenged the validity of the order issued by the Vice Chancellor of the Bihar University directing the reconstitution of the Govern ing Body of the Rajendra College, Chapra, and of the rele vant new statutes framed by him under which the said order is purported to have been issued.
Accordingly, modifications were made in the companystitution, and the companystitution thus modified and amended from time to time was in operation at the relevant time.
This Act was later amended by Acts 11 of 1962, XIII of 1962, and XVII of 1962.
Before dealing with the companytentions raised by the appellant in the present appeal, it is necessary to refer briefly to the relevant statutory provisions governing the affairs of the University of Bihar and its companystituent companyleges.
challenged by the appellant on the additional ground that when they were made by the Vice Chancellor, the power company ferred on him by s. 35 of Act 11 of 1962 had companye to an end.
1, the University of Bihar, respondent No.
The said companylege is a public institution founded by public charities and is companyducted under the management of a Governing Body.
The appellants case before the High Court was that the Senate had been reconstituted in the first week of November, 1962 and in fact.
279 of 1964.
3 the Chancellor of the University of Bihar.
This Act was passed in August, 1951, and the provisions enacted by it were intended to furnish a companyprehensive companye to establish and incorporate an affiliating cum teaching University in the State of Bihar at Patna.
1, 2 and 4.
This Act was intended to help the establishment and incorporation of affiliating cum teaching Universities at Patna, Muzaffarpur, Bhagalpur and Ranchi in the State of Bihar.
K. Daphtary, Attorney General, and S. P. Varma, for the respondent Nos.
The Rajendra College is an educational institution which has been admitted by the Bihar University as a College, as defined in section 2 d of the Bihar State Universities Patna, University of Bihar, Bhagalpur and Ranchi Act Bihar Act XIV of 1960 hereinafter called the Act read with Article I of Chapter XII of the Statutes framed under the Act.
86 of 1963.
The validity of the Statutes was.
C. Setalvad, R. K. Garg, D. P. Singh, S. C. Agarwar and M.K. Ramamurthy, for the appellant.
numberices had been issued to call for a meeting of the said Senate on the 30th November.
