AKHILESHWAR PRASAD SINHA Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution has been filed on behalf of the sole petitioner with prayer to quash the order dated 19-9-1979, as contained in Annexure 19 of the learned Chancellor of the University of Bihar (hereinafter to be referred to as the University). The Chancellor by the said order has quashed the order dated 11-10-1977 of the Registrar of the University, by which respondent No. 6 was relieved from the post of the Inspector of Colleges (Arts and Commerce). Further prayer has been made for quashing of the order of the Vice-Chancellor dated 15-10-1979 relieving the petitioner, as contained in Annexure 20 and for issuance of a writ in the nature of mandamus directing the respondents not to interfere with the duties and functions assigned to the petitioner Inspector of Colleges (Arts and Commerce).

(2.) The petitioner was appointed initially a Lecturer in the Department of Commerce in R.D.S. College, Muzaffarpur in July, 1949, which was affiliated to the University. He was appointed as Assistant Registrar of the said University and joined in the month of Jan., 1961 and was promoted to the post of Dy. Registrar in the year 1963. The Senate of the University in its meeting held on 1-4-1966 created two tenure posts of Inspector of Colleges on a fixed salary of Rs. 1,250 per month. Necessary amendments were made in the University statutes with regard to creation of this category of officer and amendments were assented to by the Chancellor on 26-8-66. One post of the Inspector of Colleges fell vacant in the year 1973 as Shri Sachidanand Singh, who was holding the post, went to United Kingdom. In addition to his duties as the Deputy Registrar, the petitioner was assigned the duties of the said post and in fact he started functioning on it from the month of July, 1973. On requisition of the University, the Bihar Public Service Commission advertised two tenure posts of Inspectors of Colleges. The tenure was fixed for a period of three years only. After interview, the name of the petitioner was recommended in order of preference at Serial No. 1 along with one Shri Ram Sagar Prasad Sinha for the post of Inspector of Colleges (Arts and Commerce) and at serial No. 2 for the post of Inspector of Colleges (Science) along with one Dr. Salik Nath Mishra by letter dated 17-10-1973 (Annexure 1) of the Bihar Public Service Commission. On the basis of the said recommendation, the petitioner was appointed as the Inspector of Colleges (Arts and Commerce) on 22-10-1973.

(3.) With a view to keep proper control and supervision over the working of the affiliated colleges of all the Universities in the State of Bihar, the State Government decided that two posts of Inspectors of Colleges should be created in each University in the scale of pay of Rs. 1,100-1,600. It was further decided that the post of Inspectors of Colleges, already existingin the scale of pay of the Reader in some of the Universities, would automatically be deemed to be abolished after the posts were filled up according to the new proposal. The decision of the Government was communicated by the Special Secretary, Government of Bihar to all the Universities of this State by letter No. 100 dated 17-2-1973 (Annexure 2) with request to create the posts and to obtain the assent of the Chancellor after making necessary provision in the University Statutes. In compliance with the request of the State Government, the Statute of the University of Bihar was amended. While making suggestion, for amendment, it was categorically pointed out that two posts of Inspectors of Colleges were already in existence in the University of Bihar and as such there was no need for creating fresh posts and some amendments in the existing provisions of the Statutes would satisfy the direction issued by the State Government. The learned Chancellor was requested to approve the draft amendment. The proposal was for insertion of an Art. as Art. 5 in Chapter VIII of the Statutes and the existing Articles 5 to 10 of the said Chapter were suggested to be renumbered as Articles 6 to 10. The aforesaid recommendation of the Vice-Chancellor was forwarded to the Chancellor by letter dated 15-7-1974 (Annexure 3) of the Registrar of the University. The Chancellor was pleased to accord his assent to the proposed amendment, which was conveyed to the Registrar of the University by the Deputy Secretary to the Governor of Bihar by the letter dated 28-8-1974 (Annexure 4). After the assent of the Chancellor, the petitioner applied for fixation of his salary in the said scale as well as for his confirmation on the said post. The request of the petitioner with regard to fixation of his salary in the new pay scales was accepted with effect from 22-10-1973 (Annexure 5). But his case for confirmation was deferred for further examination. Subsequently, after thorough examination, it was referred to the Bihar Public Service Commission by the Registrar of the University by his letter dated 20-5-1976 (Annexure 6).