- (1.) This application under Art. 226 of the Constitution of India is directed against an order passed by the State of West Bengal on the 31st December, 1976 whereby Dr. B.Haider, the respondent No. 7 herein, was appointed as Principal, Professor and Head of the Department of Obstetrics and Gynaecology (hereinafter referred to as the Department) of Calcutta National Medical College and Hospital (hereinafter referred to as the said Institution) for a period of six months with effect from the date of his joining.
(2.) The facts of this case are as follows: The petitioner is an Obstetrician and Gynaecologist and was employed as Medical Officer in the said institution. Similarly the respondent No. 7, Dr. Haider was also employed as Medical Officer of the said institution. By virtue of the Calcutta National Medical College and Hospital Act, 1967 (hereinafter referred to as the 1967 Act), with effect from 9th June, 1967, for a period of 10 years, the said institution was transferred to the State Government and it was to remain under the control and management of the State Government. Under S. 6 of the 1967 Act the State Government was empowered to make Rules for carrying out the purpose of the 1967 Act and particularly for the management of the institution and the terms and conditions of service of persons employed in the institution. In October 1967 Dr. Haider became the Head of the said Department. Thereafter the Calcutta National Medical College and Hospital (Terms and Conditions of Service) Rules 1967 (hereinafter referred to as the 1967 Rules) were promulgated which came into effect from 13th of February 1968. On the 26th May 1976 the Calcutta National Medical College, and Hospital (Amendment) Act 1976 (hereinafter referred to 1976 Act) received the assent of the President of India. By the said Act, amongst, others, a new Section, namely, S. 8-A, was inserted in the 1967 Act which enabled the State Government to acquire the said institution by a notification published in the Official gazette. With effect from 31st May 1976 Dr. Haider retired upon attaining the age
(3.) Being aggrieved by the said order dated 31st Dec. 1976, the petitioner moved this Court under Art. 226 of the Constitution of India praying, amongst others, writ in the nature of Quo-warranto and Mandamus. Upon the said writ petition being moved, on the 6th Jan. 1977 Masud J. issued a Rule Nisi as prayed for and also passed an ad interim order to the following effect. "And it is further ordered that the said respondent Dr. B. Haider is restrained from taking charge as Head of the Department of Obstetrics and Gynaecology Calcutta National Medical College, Calcutta pending the disposal of the application. And it is further ordered that the respondents above named be at liberty to vacate or modify the order made herein on notice to the said petitioner. And it is further ordered that this order shall not prevent the said Dr. Haider from acting as the Principal of the said College until further orders of this Court. And it is further ordered that all parties concerned do act on a copy of the minutes of this order signed by an officer of this court being served upon them,";