JUDGMENT

1. Heard Mr. P.K. Sahi, learned Senior Counsel assisted by Mr. Satyam Shivam Sundaram, learned Advocate appearing on behalf of the petitioner, Mr. Rajendra Kumar Giri, learned counsel representing the Office of Chancellor and Dr. Anand Kumar, learned counsel appearing on behalf of the respondent Nalanda Open University.

2. Pursuant to order of this Court, Mr. Rajendra Kumar Giri, learned counsel appearing on behalf of the Chancellor, Universities of Bihar has produced before this Court the original records pertaining to engagement of the petitioner on contractual basis as Registrar (Examination) of Nalanda Open University and subsequent decision to cancel the said engagement.

3. The short facts of the case are that the petitioner was working as Registrar (Examination) in Nalanda Open Universities upon his appointment on regular basis on a recommendation of Bihar State (Constituent Colleges) Service Commission. He attained the age of superannuation on 31.08.2019.

4. Subsequently, he was engaged on contractual basis for two years from 01.09.2019 to 31.08.2021 with the issuance of an order from the Office of the Chancellor, Universities of Bihar, as contained in Memo. No. N.O.U.09/2019-2232/Rs.Sa.(1) dated 23.07.2019. Nearly five months thereafter, the Governor's Secretariat (Office of the Chancellor, Universities of Bihar) issued a notification contained in Memo. No. BSU(Registrar)-27/2017-3454/GS(1) dated 14.12.2009, whereby the petitioner's contractual engagement has been cancelled and respondent No.4 has been appointed as Registrar(Examination). The said notification dated 14.12.2019 is under challenge in the present writ application.

5. When the matter was taken up by this Court on 18.02.2020, this Court considered it apt to stay the operation of the impugned notification dated 14.12.2019, evidently, upon examination of the original records produced on behalf of the office of the Chancellor, Universities of Bihar. The interim order passed by this Court dated 18.02.2020 reads as under : -

"Issue notice to the Respondent No. 4 both under ordinary process as well as registered cover with AD for which requisite etc. must be filed within one week.

Put up this case on 23rd March, 2020 after service of notice to the Respondent No. 4.

Pursuant to the order passed by this Court on 17th February, 2020, Mr. Rajendra Kumar Giri, learned counsel appearing on behalf of the respondents has produced the original record. From the noting side, it is apparent that when the petitioner attained the age of superannuation, a proposal was sent to the Office of the Hon'ble Chancellor for grant of extension considering his exemplary service rendered as the Registrar (Examination) in Nalanda Open University. In the noting there was clear cut stipulation that Mr. Sinha was appointed in the year 2001 on the recommendation of the University Service Commission as Commission Registrar in terms of the provisions of the Bihar State University Act, although Nalanda Open University has its own Act. It was noted that after attaining the age of retirement in no case the University shall extend the period of service of any teaching or non-teaching employees and therefore, the service of Mr. Sinha cannot be extended beyond the age of retirement. But in the same noting it was pointed out that after the retirement, officer of the Bihar Administrative Service and retired defence personnel can be appointed as Registrar on contractual basis on the principle of last pay minus pension basis and as such the notings proceed that Mr. Sinha may be granted contractual appointment on the recommendation of the Vice-Chancellor, after obtaining the order of Hon 'ble Chancellor. This is how Mr. Sidheshwar Prasad Sinha, the retired Registrar (Examination) was appointed on contractual basis. It appears that a complaint was made by one Mr. Yadav, B-69, Shashtri Nagar against the petitioner and on that complaint comment was called for from the Nalanda Open University. The Nalanda Ope