LexDR. RAI SHIVENDRA BAHADUR versus THE GOVER.NFNG BODY OF THE NALANDA COLLEGE
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1961 144 SUPREME COURT REPORTS fl962] SUt>P. DR. RAI SHIVENDRA BAHADUR f}. THE GOVER.NfNG BODY OF THE ., NALANDA COLLEGE (B.P. ScNHA, C. J .. J. L. KAPUR, M. HmAYA.TULLAK, . J.C. SHAH and.J. R. MuDHOLK.\R, JJ.; • Wrif of Ma11da011J.1-.\'alarula College ajJlliaUd lo BiMr Uni•:eraity-Appoinlmenl of Principal-Legal r;ght, if anv toil4- regard to que.trion of appointmu•t-lf and when writ can w .. Unit'<r.<it.~ of Bihar Ael 1951 (Bih1r 27 of 1951), Univeraily Statute XV 1-Con•litution of India, Art, 226. The appellant"was appointed as the Principal ofNalanda College affiliated to the Bihar L'nivenity in 1958. As requir. ed by the University Statute XVI this fact was intimated to the University, bHt the appointment w•s not approved by the Syndicate as required by Art. 5, of the Untveristy Statute, In 1960 a new governing body resolved to appoint a new prin- r.ipal and decided that in the mr.antime the appellant was to continue to act till the new appointment was made. The governing body interviewed candidates including the appellant and by a resolution authorised iu Chairman to make a final selection. The validity of the selection of the Principal was challenged by the appellant under Art. 226 of the Constitu- tion by asking a w.itc of mandamua to issue. Held, that in order that mandam"8 may issue to compel the authorities to di) somthing, it must be shown that the statute im(>OICS a legal duty and the aggrieved p«rty had a legal right und"}' the statute to enforce its performanc¢ In the instant case it has not been sh~wn th~t there was any right in the appellant which can l>e enforced by a writ of mandomua. CrvIL APrEJ,LA.TE JURISDICTION : Civil Appeal No. 403 of 1961. Appeal by special leave from th11 judgment and order dated July 19, 1961 of the Patnr. High Court in Mi8c. Judicia.I C\se No . .Wi of 1961. Bcwdeva PrlWJ!l and Naumt Lal,, for the Appellant. N. 0. Ohatterjee, D. P. Singh, R. K; Garg, 8 .. C. Agarwala and M. K. Ramamurlhy, for the respondents. 2 S.C.R; SUPREME COURT REPORTS 145 1961. December 15. The Judgment of the Court was delivered by KAPUR, J.-This is an appeal by special leave against the judgment an<f order of the High Court of Patna dismis8ing the appellant's petition under Art. 226 of the Constitution. The respondents are t.he Governing Body of 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 Govern- ment servant was appointed its Principal but the Government withdrt;'\\'. him on February 4, 1958. It is :j,lleged that At an extraordinary ilneeting of the Governing Body of the College held on February 23, J 958 the appellant was appointed its Principal and the University were informed of this appointment as required by the University Statutes and he actually took charge of his office on July 11, 1958. At a meeting on July 27, 1958 the appointment made on February 23, 1958 was confirmed. On November 9, 1959, there was a change in the con- stitution of the Governing Body and respondent ~o. 2 became its Chairman. The Governing Body reconsidered the proceedings of February 23, 1958 and at a meeting on January 31, 1960, the Gover- ning Body resolved to appoint a new Principal. In the meanwhile it !Iecided that the appellant should continue to act till a new appointment was·made. At this meeting the appellant, as an ex-officio member, was present. He alleges that he complained about this appointment to the Vice-Chancellor of the Bihar University and he was, by a letter, advised by the Vice-Chancellor to watch and see what 1961 Dr. Rai Shivendra Bahadur v. The Governing Body of the Nalantia Collete EflpurJ. 1Hl Dr. Ra• Shivtf'Wa B•ltad!lr v. Tb,, 0flJtr'llin1 Botl.J of the l( alada Colltgt Kapw J. 146 SUPREME COURT REPORTS [1962) SUPP happens. On May 14, 1960 the Governing Body resolved to advertise the post. At this meeting also the appellant was present and on September 26, 1960 the Governing Body resolved to readvertise the post. Some candidates including the appellant were interviewed by the Governing Body and on December 18, 1960 it passed a res
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