A person who is to be prejudicially affected by an order must be given a notice and an opportunity to be heard before the order is made.

1. In this case the petitioner Sri Ram Kripalu Mishra was appointed a Lecturer in the Department of Hindi in the R. K. College, Madhubani, on the 14th January, 1962, by the Governing Body of that College, after the advertisement and regular interview of the candidates. The appointment of the petitioner was made under the three-year-decree course scheme of the Bihar University. The appointment of the petitioner was subsequently approved by the Syndicate of the Bihar University at its meeting held on the 15th January. 1962, and the approval of the Syndicate was communicated to the Principal of the college. Later on the Bihar Legislature enacted Bihar Act XIII of 1962 which received the assent of the Governor on the 20th April, 1962, and published in the Bihar Gazette on the 21st April, 1962. Sec. 4 of this Act reads as follows:

"Notwithstanding anything contained in the said Act or the Magadh University Act, 1961 Bihar Act IV of 1962) or the statutes made thereunder, or the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Ordinance, 1962 (Bihar Ordinance No. 1 of 1962) every appointment, dismissal, removal, termination of service or reduction in rank of any teacher of a college, not belonging to the State Government, affiliated to the University established under the said Act or the Magadh University Act, 1961 (Bihar Act IV of 1962), made on or after the twenty-seventh day of November, 1961 and before the first day of March, 1962, shall be subject to such order as the Chancellor of the University may, on the recommendation of the University Service Commission established under Sec. 48A of the said Act pass with respect thereto."

(Acting under the provisions of that section the Chancellor of the University made an order on the 20th June, 1962, to the effect that the services of the petitioner along with those of five other teachers were approved only up to the end of the 31st August, 1962. The order of the Chancellor is annexure D to the writ application and reads as follows :

From

Shri Lt. Col. C.S. Bhatnagar,

Secretary to the Governor, Bihar.

To

The Vice Chancellor,

University of Bihar.

Muzaffarpur.

Sub :-- Appointment of teachers in R. K. College, Madhubani.

Sir,

I am directed to say that on the recommendation of the University Service Commission Communicated in their

letter No. 306/USC dated the 31st May, 1962, the Chancellor has been pleased to approve the appointment of the following

teachers in the department noted against their names in R. K. College, Madhubani, under Section 4 of the Bihar State

Universities (Amendment) Act, 1962.

Names of teachers. Departments

1.Shri Raj Narayan Nayak History.

2.Shri Sukhdeo Rout. Botany.

3.Shri Sushil Kumar Jha Psychology.

4.Shri Karunandand Das Geography.

5.Shri Nagendra Nath Jha Maithili.

6.Shri Bharat Purbey. Chemistry.

He has further been pleased to approve, on the recommendation of the Commission, that the following teachers of the

College may continue temporarily in their posts till the appointment of fresh candidates to these posts are made on the

recommendation of the University Service Commission or till the 31st August, 1962, whichever is earlier.

Names Departments.

1.Shri Shankar Prasad Mahaseth Commerce.

2.Shri Sudhir Chandra Pandey Commerce.

3.Shri Brahmadeo Narayan Mahto Commerce.

4.Shri Ram Kripalu Mishra Hindi.

5.Shri Mahatieo Prasad Economics.

6.Shri Jagdish Narayan Rout Philosophy.

Yours faithfully,

Sd.

C. S. Bhatnagar,

Secretary to the Governor, Bihar.

Memo No. USC (BU) 5/62-- 2912-GS(I)

Ranchi, the 30th Jyaistha, 1884 (S)

20th June, 1962.

Copy forwarded to the Secretary, University Service Commission, for information with reference to this letter No. 306/USC dated the 31st May, 1962.

2. The Secretary, R. K. College, Madhubani (Darbhanga) for infor