THE BLHAR STATE BOARD OF HOMEOPATHY MEDICINE, PATNA versus THE STATE OF BIHAR AND ORS.

Citation: [1995] SUPP. 4 S.C.R. 149 · Decided: 10-10-1995 · Supreme Court of India · Bench: M.M. PUNCHHI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

.. 
THE BlHAR STATE BOARD OF HOMEOPATHY 
A 
MEDICINE, PATNA 
v. 
THE STATE OF BIHAR AND ORS. 
OCTOBER HI, 1995 
B 
[M.M. PUNCHHI AND SUJATA V. MANOHAR, .I.I.] 
Bihar Development of Homeopathy System of Medicine Act, 1953 
Section 5-Constiuttion of Bihar State Board of Homeopathy Medicine-Sue-
ceeding board-Held-Means a succeeding board at which the old out going c 
n1cn1bers are succeeded by a new set of n1en1bers. 
Appellant-Board, constituted under the Bihar Development of 
Homeopathic System of Medicine Act, 1953, had abolished 8 posts of 
Homeopathic Chikitsac by a resolution dated 14th May 1988, including the. 
D 
6 posts held by the writ petitioners in High Court. The High Court held 
that the posts were not abolished in accordance with law because the board 
which passed the resolution was not duly constituted. This decision was 
upheld by the division bench of the same court. Hence these appeals by the 
Board. 
E 
Allowing the appeal, this Court 
HELD : 1. The Bihar State Board or Homeopathy Medicine is a 
composite body. It is composed of different sets of members who are 
a1ipointed or elected by different bodies in different ways. It can not be 
expected that all sets of n1en1bers \\-'ould he always non1inated or elected at F 
the same time. Notification dated 29th of January, 1986 which has 
nominated the President and the four other nominated members, has also 
clearly provided that the two other sets of members namely, the elected 
member~ and legislative members whose ter1ns have not expired would 
also continue to be the members of the Board. The same would, therefore, G 
be true of all categories of members. (155-G-H] 
2. Section 5 of the Bihar Development of Homeopathy System of 
-
Medicine Act, 1953 provides for continuation of members in oflice until 
the succeeding Board is formed and holds a meeting with a quorum. The 
whole purpose is to ensure that the Board remains properly constituted. H 
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149 
I 
150 
SUPREME COURT REPORTS [1995] SUPP. 4 S.C.R. 
A 
Therefore the succeeding: Board in the context of Sec. 5 can only mean a 
succeeding Board at which the old outgoing n1embers are succeeded by a 
new set of members. Once they are appointed or elected, as the case may 
be and a meeting of the new Board with quorum takes place, the previous 
set of members. ceases to be a part of the Board. Therefore the seven elected 
B 
members whose names had been notified under the notification of 17th 
Aug., 1984 continued to be the members of the Board even after the expiry 
of their term since they had not been replaced by newly elected members 
and there was no successor Board. They were entitled to attend the meeting 
of the Board on 14th May 1984. The Board meeting had the requisite 
quorum, and, therefore, it had validly passed a resolution abolishing the 
C 8 posts. Nevertheless, in the event of the said posts being revived or similar 
posts being created in future the Board may consider the petitioners in 
view of their past service by giving them a suitable waiver of age bar, if 
required. [156-B, E, G-H, 157-A-B] 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 9278-79 
D and 9280 of 1995. 
E 
F 
From the Judgment and Order dated 20.8.92 of the Patna High Court 
in LP.A. Nos. 50, 49 & 39 of 1990. 
R.K. Khanna and R.P. Singh for the Appellant. 
Mrs. Rani Chhabra, for the Respondent in C.A. No. 9280/95. 
Ms. Abha R. Sharma, (NP) for the Respondents in C.A. Nos. 9278-79 
& 9280/95. 
The Judgment of the Court was delivered by 
MRS. SUJATA V. MANOHAR, J. Leave granted. 
These appeals have been filed by the Bihar State Board of 
Homeopathy Medicine, Patna (hereinafter referred to as the Board). The 
G Board is constituted under the Bihar Development of Homeopathic System 
of Medicine Act, 1953. The dispute··relates to the abolition of 8 posts of 
homeopathic Chikitshak out of which 6 posts were occupied by the six 
petitioners in the three writ petitions bearing Nos. 4462, 4039 and 7424 of 
1988 filed in the High Court of Patna. A learned Single Judge of the High 
H Court who heard these writ petitions held that the posts were not abolished 
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BIHAR :'rATEBOARD OP HOMEOPATHY MEDJC!NE , .. STATE [MR.S.SUJATA V. MANOHAR, J.] 151 
in accordance with law because the respondent i.e. the Board which passed A 
the Resolution abolishing these posts was not duly constituted. This 
decision has been upheld in appeal by the Division Bench of the Patna 
High Court. From this decision, the present appeals ha
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