U.C. Sharma, J.

In this application under Articles 226 and 227 of the Constitution of India, the petitioner prays for quashing the order dated 1.10.1981 passed by the Chancellor Ranchi University (Annexure-1) and the order dated 28.9.1981 passed by the Birla Institute of Technology, Mesra (B.I.T for short) terminating the petitioner's services (Annexure-2) The further prayer was for issuance of a writ of mandamus commanding the Ranchi University to apply the directive (Annexure-7), issued by the Chancellor for regularisation of the services of purely temporary lecturers to the staff of B.I.T and to consider the petitioners case for the purpose.

2. The petitioner was initially appointed as Assistant Professor in the Department of Electronic and Communication Engineering in the B.I.T. on 14.4.1977 for a period of six months, which was extended from time to time. Last time she was appointed on 1.11.1980 for one year on contract basis. By Annexure-2 she was informed that her contract appointment would expire on October 31, 1981 and that she should hand over charge in due course. This has been challenged on the ground that after the passing of the Bihar State Universities Act, 1976 the B.I.T. had ceased to be an autonomous institute and she would be governed by the Ranchi University statutes, and as such she was entitled to the benefit of the Government directive (Annexure-7) It appears that by a resolution dated 142.1981 (Annexure-6), Senate of the Ranchi University decided that the statutes of the University be applicable to the B.I.T. B.I.T. therefore filed an application before the Chancellor challenging the resolution of the University. By order dated 1.10.1981 the Chancellor was pleased to direct that the status quo as obtained prior to the resolution of the Ranchi University dated 14.2.1981, be maintained till further orders (Annexure-1). This order of the Chancellor has been assailed as being illegal. Other details shall be referred to in due course.

3. A counter affidavit was filed on behalf of B.I.T. (respondents no. 3 and 4), who contested the petitioner's assertion that B.I.T. had ceased to be an autonomous institution. It has been submitted that the institute still enjoyed its autonomous character and it has not been affected by any subsequent legislations or statutes framed by the University and as such the rules framed and the statutes approved by the Chancellor for the Institute under the 1972 Ordinance still continued to be in force and to govern the B.I.T. that being so, the Institute was perfectly entitled to terminate the petitioner's service on expiry of the term of the contract, and she was not entitled to the benefit of the Government Directive (Annexure 7).

4. Another counter affidavit was filed on behalf of the Ranchi University (respondent no 2) in which it was submitted that no relief has been claimed against the University and, therefore, it was not a necessary party. It was also said that the petitioner had an alternative remedy before the Chancellor or by way of suit and, therefore, this application was not entertainable. As regards the order contained in Annexure-1, it was submitted that the Chancellor had full authority in the matter and the order was in accordance with law and, therefore it was unassailable. It was also submitted that the petitioner had no right to challenge the said order as she was not a party to the proceeding nor was she, in any way aggrieved by the same.

5. The petitioner was initially appointed as Assistant Professor (equivalent to the post of Lecturer) in the Department of Electronics and Communication Engineering in the Birla Institute of Technology on 14.4.1977 for a period of six months, which was extended from time to time. On 1st of November 1980, she was appointed on a contract basis for a period of one year. In the same year, the Governor of Bihar promulgated the Bihar Inter University Board Third Ordinance, 1980 (Ordinance No. 150 of 1980) which came into force on