TMI Blog1982 (3) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... to such regulations as might be in force from time to time in the Magadh University to which the Magadh Medical College was affiliated. These regulations provided that the age of superannuation shall be 62 years, and, therefore, the 1st respondent was entitled to continue as Professor of Surgery until he reached the age of 62 years. But in or about the middle of 1976 a drastic change took place, as the Bihar Private Medical Colleges (Taking of Management) Ordinance, 1976 (hereinafter referred to at the Ordinance) was promulgated by the Governor of Bihar authorising the State Government by a notification to take over the management of any private Medical College and to exercise such functions of management in regard to such College as might be a specified in the notification. Pursuant to the Ordinance a notification was issued by the State Government taking over the management of the Magadh Medical College with effect from 1st July, 1978. The ordinance was subsequently replaced by the Bihar Private Medical Colleges (Taking Over) Act, 1978 (hereinafter referred to as the Act). Section 3 of the Act provided for taking over of private Medical Colleges and it read as follows: 3(1). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n an ad hoc basis for a fixed term or on contract and shall, where necessary redetermine the rank, pay, allowances and other conditions of service. (4) The State Government shall similarly determine the term of appointment and other conditions of service of other categories of staff of the College on the basis of facts to be ascertained either by a Committee or by an officer entrusted with the task and the provisions of sub-section (2) and (3) shall apply mutandis to such cases. It appears that pursuant to section 3 of the Act a notification was issued by the State Government taking over the Magadh Medical College with the result that the management and control of the Magadh Medical College became exercisable by the State Government and all the assets and properties of the Magadh Medical College stood transferred to and became vested in the State Government and all its liabilities and obligations also devolved on the State Government. The State Government thereafter appointed a Committee called the Screening Committee under sub-section (2) of section 6 and the Screening Committee made a report which contained inter alia the following recommendations: (a) All teachers b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice of the first respondent and declaring that he is entitled to continue in service until he reaches the age of 62 years. The State of Bihar thereupon preferred the present appeal after obtaining special leave from this Court. We are of the view that it is impossible to sustain the judgment of the High Court. It proceeds upon a complete mis- apprehension of the true meaning and effect of the relevant provisions of sections 3 and 6 of the Act. Sub-section (1) of section 3 provides for taking over of private medical colleges and by virtue of the notification issued by the State Government under that provision, the Magadh Medical College was taken over by the State Government and its management and control became exercisable by the State Government. Whatever assets and properties appertained to the Magadh Medical College became vested in the State Government under sub-section (2) of section 3. Section 3 sub-section (3) provided for devolution of all the liabilities and obligations of Magadh Medical College on the State Government and therefore, if sub-section (3) were the only provision in the statute, it would have been possible for the first respondent to contend that by virtue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ealed to the High Court was that the Screening Committee had no power under sub-section (2) of section 6 to make a recommenda- tion in regard to the age of superannuation of the teaching staff of the Medical College taken over by the State Government. This argument is, in our opinion, fallacious, in as much as it is based on reading of sub-section (2) of section 6 as if it stood alone and does not take into account the effect of sub-section (3) upon it, Subsec.(2) of section 6 undoubtly provides that the Committee of Experts appointed under that provision will examine the bio-data of each member of the staff and ascertain whether appointment, promotion or confirmation of such person was made in accordance with the University Regulations and in keeping with the guidelines laid down by the Medical Council of India and will also take into consideration all other relevant material including length of service in the college and submit its report to the State Government. But it is clear from sub-section (2) of section 6 that the Committee of Experts appointed under sub-section (2) of that section can also make recommendations in regard to the rank, pay, allowances and other condition ..... 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