A. K. Ganguly, J.

1. -this writ petition has been filed by one organisation in the name and style of Bihar mahavidayalaya Shikshak Awam shikshketar Karamchari Kalyan mahasangh through its President and several other teachers of various colleges which have become constituent colleges of different universities.

2. The petitioners apprehended that their services may be terminated on the basis of the report of vigilance enquiry.

3. Apprehending such termination of services the petitioner filed this writ petition and obtained from this Court an order for maintenance of status quo on 21st June, 1995.

4. In the intervention petition filed in this proceeding by the Inspector general (Cabinet) Vigilance Department it has been stated that due to issuance of an order of status quo by this Hon ble Court on 21st June, 1995 the process for issuing order of termination of the services of the petitioners came to a halt. It is therefore clear that the apprehensions of the petitioners have a factual basis.

5. It is not in dispute that in this state various colleges attached to the universities were converted into constituent colleges in phases and in the fourth phase of such conversion about 36 of such colleges were converted into constituent colleges in different universities and by another notification three colleges were made constituent units of the different Universities.

6. Factually there is no dispute in the instant case that as a result of process of conversion of the affiliated colleges into the constituent colleges, agreements have been entered into.

7. The Bihar State Universities act, 1976 defines the constituent colleges and affiliated colleges separately. The affiliated colleges defined under Sec.2 (c) of the Bihar Universities Act, 1976 (here in after referred to as the said Act) means educational institution having received privileges of the University according to the provisions of this Act and University statutes relating thereto. Sec.2 (c) of the Act is set out below:-

2. (c):-

"affiliated college" means educational institution having received privileges of the University according to the provisions of this Act and University statutes relating thereto; constituent College has been defined under Sec.2 (i) of the said act. Sec.2 (i) is set out below:-

2 (i) "constituent College" means a teaching institution maintained or controlled by the University. The said Act deals with constituent colleges and affiliated colleges differently and the scheme of the said Act also suggests that those colleges are different in many respects.

8. Section 4 of the said Act, provides for the purpose and powers of the University. Sec.4 (14) of the Act is relevant for our purpose and is set out below:-

Section 4 (14): "to enter into agreement with other bodies and persons for promoting the purposes of this Act and to assume the management of any institution under them and to take over its assets and liabilities: provided that before entering into such an agreement the University shall obtain the sanction of the State Government, or shall do so upon receiving such a proposal from the State Government: provided further that if at any time any irregularity is found in determination and payment of any pay, special pay or allowances, or in any appointment in an institution taken over by the University in its management under such an agreement, than, notwithstanding anything to the contrary contained in this Act, the university shall have the powers to take decisions after reviewing it and such a decision shall be final and binding.

9 In the course of hearing it was not disputed by the learned Counsel appearing for the State that agreements were entered into between the Governing body of the College and the respective University and thereafter the conversion of the affiliated colleges into constituent ones were brought about.

10. Relying on the aforesaid uncontroverted facts situation, learned Counsel for the petitioner argued that where an affili