Judgement

WANCHOO, CJI. : This is an appeal on a certificate granted by the Patna High Court and arises in the following circumstances. The appellant, Jagdish Pandey, joined as a lecturer in Ramakrishna College Madhubani in July 1948. His appointment was approved by the University in June, 1949, and on September 23, 1951 he was confirmed as a lecturer in that College. In July 1961 the post of the Principal of Pandaul College Pandaul fell vacant and was advertised. The appellant was one of the applicants and was appointed after interview as the Principal of the college on January 22, 1962. On January 24, 1962, the appellant s appointment as Principal of the College was approved by the University. It appears that the appointment was challenged by a writ petition before the Patna High Court, but that challenge failed on July 11, 1962, when the petition was dismissed.

2. In the meantime, the Bihar legislature passed the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) (Amendment) Act, No. 13 of 1962 (hereinafter referred to as the Act) which came into force on April 21, 1962. Section 4 thereof was in the following terms :-

"Certain appointments, etc. of teacher of non-