Mrs. SUJATA V. MANOHAR, J. - (1.) Leave granted
(2.) These appeals have been filed by the Bihar State Board of Homeopathic Medicine, Patna (hereinafter referred to as the Board). The Board is constituted under the Bihar Development of Homeopathic System of Medicine Act, 1953. The dispute relates to the abolition of 8 posts of Homeopathic Chickitshak out of which 6 posts were occupied by the six petitioners in the three writ petitions bearing Nos.4462, 4039 and 7424 of 1988 filed in the High Court of Patna. A learned Single Judge of the High Court who heard these writ petitions held that the posts were not abolished in accordance with law because the respondent i.e. the Board which passed the Resolution abolishing these posts was not duly constituted. This decision has been upheld in appeal by the Division Bench of the Patna High Court. From this decision, the present appeals have been filed before us.
(3.) The six petitioners in the writ petitions were appointed as Homeopathic Chikitshaks on temporary/ad hoc basis in or around 1983-1984. Their appointments were regularised in 1985 pursuant to a decision taken by the President of the Board. During this period the Board was under severe financial constraints. It is pointed out in the counter affidavit that pursuant to the Government Notification dated 22-11-1975, the appellant Board was divested of its power to hold examinations and confer degrees and diplomas. Consequently, a major part of the work of the Board relating to holding of examinations was transferred to the Bihar University. 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. 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. According to the appellant-Board, this imposed an unnecessary financial liability upon the Board which was already under financial strain. In fact, as far back as in 1978, the President of the Board had requested the Government to adjust the excess of the Board in the Directorate of Health in view of the reduced workload of the Board. This request was repeated in 1983. The audit report raised certain objections to the additional staff being engaged and salary being paid to such additional staff. 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, no new post should be created and no new expenditure should be incurred. A further direction was given that unnecessary posts should be abolished and irregular appointments should be cancelled.;