JUDGMENT We shall dispose of these two writ applications by a consent order. 2. The petitioners in both the cases are the teachers in Shri Krishna Medical College at Muzzaffarpur and Naianda Medical College at Patna. These private medical collages were taken over by the Bihar Private Medical Colleges (Taking over) Act, 1978 (Bihar Act, 5 of 1978) hereinafter referred to as the Act”). Before the Act, came into force, there was an Ordinance for taking over of the Private Medical Colleges. These petitioner were appointed by the authorities of the Private Medical Colleges. They want that they should continue to hold the post of teachers after taking over of the private medical colleges by the Act, with the same statues and emoluments as they were holding earlier. The State Government has set up a committee of expert to examine the bio-date of each member of the teaching staff, It is conceded by the learned counsel for the petitioners as well as by the learned Government Pleader No. 2 that the State Government is the authority to appoint a committee of expert to examine that bio-date of each member of the teaching staff under sub-section (2) of section 6 of the Act. It is also conceded by both the counsel that the State Government can alter the terms and conditions and terminate the services of the teaching staff, provided their selection was not in accordance with the University Regulation and on the basis of the guidelines laid down by the Medical Council of India, In other words, it is conceded that sub-section (3) of section 6 of the Act, is being controlled by sub-section (2) of section 6 of the Act. Thus, the State Government under sub-section (3) can terminate the service of any of the teaching staff only if the appointment of the teaching staff was not made in accordance with the University Regulation and on the basis of the guidelines laid down by the medical Council of India and not otherwise. If these two conditions are not fulfilled then the State Government has authority to terminate the services of any of the teaching staff. In other words, these petitioners will be not placed before the second screening committee or the second selection Board for their appointment. 3.
If these two conditions are not fulfilled then the State Government has authority to terminate the services of any of the teaching staff. In other words, these petitioners will be not placed before the second screening committee or the second selection Board for their appointment. 3. We, therefore, direct that these petitioners should be promoted according to their claims, if any, subject to the direct of the State Government. The respondents are further directed to follow the principles laid down in all order identical cases of the teaching staff of all the Private Medical Colleges which have been taken over by the State Government. 4. We have been infirmed that these petitioners have not been paid there salaries by the State Government. Hence, we direct the respondents concerned to pay their salaries if they have not been paid. 5. In the result these two applications are disposed of on the basis of the consent order mentioned above. The parties shall bear their own cost. Let a copy of this judgment be handed over to the counsels of each of the parties. Applications disposed of.