JUDGMENT

BHAGWATI, J.:— This is an appeal by special leave directed against a judgment of the Patna High Court quashing and setting aside the termination of service of the 1st respondent and directing that the 1st respondent shall continue in service until he reaches the age of 62 years. The facts giving rise to the appeal are few and may be briefly stated as follows.

2. The 1st respondent was appointed Professor of Surgery in the Magadh Medical College, Gaya in Dec. 1975 and he joined his post as Professor of Surgery on 27th Dec. 1975. The letter of appointment which set out the terms and conditions of service provided that the appointment would be subject to such regulations as might be in force from time to time in the Magadh University to which the Magadh Medical College was affiliated. These regulations provided that the age of superannuation shall be 62 years, and, therefore, the 1st respondent was entitled to continue as Professor of Surgery until he reached the age of 62 years. But in or about the middle of 1976 a. drastic change took place, as the Bihar Private Medical Colleges (Taking Over of Management) Ordinance, 1976 (hereinafter referred to as the Ordinance) was promul