(1.) This application has been placed before us for disposal in view of the order, dated 5-2-1988 to interpret Sections 3 and 6 of the Bihar Private Medical (Indian System of Medicine) College (Taking Over) Act, 1985 (Hereinafter referred to as 'Act').
(2.) The petitioners herein claim to be the teachers and non-teaching staff appointed by the erstwhile Managing Committee of Shri Dhanwantri Aurvedic College ; Buxar (Hereinafter referred to as College). According to them they were all brought ia the college as teachers and non-teaching stall of the college, as they were qualified for such appointments and the then Managing Committee selected them and gave appointments accordingly. The legislature of Bihar in the 36th year of Republic of India adopted the Act (Bihar Act No. 10 of 1985) for taking over the Private Medical (Indian System of Medicine) Colleges of the State of Bihar by the Government of Bihar. By a notification as contained in memo No. 840, dated 9-12-1986, as provided in Section 3 of the Act the State Government notified 1-6-1986 as the date of taking over the college and the Management and control thereof. In the said notification, however, it introduced as one of the conditions a cut-off date as on 1-3-83 for taking over the services of teachers and non-teaching staff of the college. The notification stated, inter alia, that the department concerned of the State Government would appoint a committee to examine whether the teachers aud non-teaching staff appointed in the college untill 1-3-1983 possess minimum qualification and satisfy eligibility conditions for appointment or not and accordingly take over their respective services. The petitioners have questioned the validity of the the said condition. Some other persons have chosen to intervene but they have supported the petitioners.
(3.) The petitioners have alleged that the condition as aforesaid has been introduced for the teachers and non-teaching staff of the college and cut-off date has been introduced, in so far as they are concerned, to be much beyond the date of taking over the college but no such condition has been applied in the case of other Private Medical College taken over by the State Government. According to them the cut-off date, apart from being ultra virus, is in the teeth of the petitioners' right under Articles 14 and 16(1) of the Constitution of India.