TaxTMI 
TaxTMI 
1961 (12) TMI 80
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.... the Nalanda College, its President Mr. Krishna Kant Singh, its Secretary Mr. K. B. P. N. Singh and Mr. Ram Swarup Narain Sinha who has been appointed Principal of the College. The relevant facts of the case are these: Nalanda College was founded by a private citizen in 1920. It became a degree college in 1945 and was affiliated to the Bihar University in 1951. In March 1953, Mr. D.P. Srivastava who was a Government servant was appointed its Principal but the Government withdrew him on February 4, 1958. It is alleged that at an extraordinary meeting of the Governing Body of the College held on February 23, 1958 the appellant was appointed its Principal and the Univer....
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....e in Bihar. On April 18, 1961 the appellant was asked to hand over charge to the new appointee by May 6, 1961. The petitioner thereupon filed a petition under Art. 226 of the Constitution challenging the validity of the appointment of respondent No. 4 as Principal on the ground that the appellant's appointment was never terminated and if there was any resolution by which resolution of February 23, 1958 was rescinded or cancelled, it was illegal as it was not included in the agenda to be transacted and was void because of certain provisions in the University Statute framed under the University of Bihar Act, 1951 (Act 27 of 1951), which had the force of law; that the appointment of the New Principal was invalid because the appointment had to ....
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....could not now complain if some body else was selected. It was held therefore that the appellant could not challenge the new appointment because (1) his own appointment was not valid and (2) the appointment of respondent No. 4 was valid as it was approved by the University. A great deal of controversy was raised before us as to whether the Statutes framed by the University under s. 20 of University of Bihar Act have or have not the force of law and whether a writ under Art. 226 of the Constitution can issue against the Governing Body of the College i.e., whether the appellant has a legal right to the performance of a legal duty by the respondents. In order that mandamus may issue to compel the respondents to do something it must be shown th....