A Middlesex Superior Court judge yesterday ordered the University not to fire Samuel S. Bowles until the constitutionality of the Massachusetts Teachers' Loyalty Oath is determined.

The suit contesting the constitutionality of the oath, filed by Joseph Pedlosky, assistant professor of Mathematics at M.I.T., will probably be heard next fall in Massachusetts Supreme Judicial Court.

In a bill of complaint, filed yesterday by Gerald Berlin, Bowles' attorney, Bowles alleged that the oath was in viclation of the first, ninth and fourteenth Amendments of the U.S. Constitution, and Articles XII and XVI of the Deceleration of Rights of the Constitution of the Commonwealth of Massachusetts.

Bowles, after being granted the injunction, said that he was happy that he now would be allowed to stay on at Harvard. "But I am surprised that the President (Pusey) has not made a general statement opposing this oath," he added.