Judgment

KAPUR, J. : This is an appeal by special leave against the judgment and order of the High Court of Patna dismissing the appellant s petition under Art. 226 of the Constitution. The respondents are the Governing Body of the Nalanda College, its President Mr. Krishna Kant Singh, its Secretary Mr. K. B. P. N. Singh and Mr. Ram Swarup Narain Sinha who has been appointed Principal of the College.

2. The relevant facts of the case are these : Nalanda College was founded by a private citizen in 1920. It became a degree college in 1945 and was affiliated to the Bihar University in 1951. In March 1953, Mr. D. P. Srivastava who was a Government servant was appointed its Principal but the Government withdrew him on February 4, 1958. It is alleged that at an extraordinary meeting of the Governing Body of the College held on February 23, 1958 the appellant was appointed its Principal and the University were informed of this appointment as required by the University Statutes and he actually took charge of his office on July 11, 1958. At a meeting on July 27 1958 the appointment made on February 23, 1958 was confirmed. On November 9, 1959, there was a change in the constitution of the Gove