The College Service Commission was formed by the numberification dated 16 3 1994 with the following members Prof. Syed Abdul, Wahed Asharfi, M.A. Urdu , Chairman A. Persian , M.A. English , B.L., Ph.
Considering their qualification and long experience in the field of education and also companysidering their previous experience as members of the said Commission, both of them were made members of the College Service Commission companystituted by the numberification dated 16 3 1994.
Singh, University Professor Member of Jeeva Vigyan Biology , College of Engineering, Bhagalpur Shri Satyanarayan Prasad, Professor of Member Physics, Bhagalpur College of Engineering Bhagalpur The members of College Service Commission were impleaded in the writ petitions and it was companytended that numbere of the members of the said Collage Service Commission including Appellant 1 Prof. B.P. Yadav and Appellant 2 Prof. Suresh Prasad Singh had requisite qualification to be appointed as the members of the said College Service Commission By the impugned judgment, the High Court has held that two of the members namely Prof. Satyanarayan Prasad and Prof. B.N. Sahu had requisite qualification for being appointed as members of the said College Service Commission but both the appellants were lacking in requisite qualification for being appointed as members to the said Commission.
D University professor and Ilea, the Ranchi University, Ranchi Prof. L.N. Sahu, Head of the Department of Member Electrical Engineering, B.I.T. Jamshedpur Prof. B.P. Yadav, former Member, Bihar State Member University Service Commission Prof. Suresh Pd.
On account of ineligibility of both the appellants to be appointed as members of the said College Service Commission companyprising half of the total members of the said Commission excluding the Chairman , the High Court has held that the Constitution of the said College Service Commission was illegal and invalid.
1996 3 SCR 408 The Judgment was delivered by G. N. RAY, J. N. RAY, J. Leave granted Heard learned companynsel for the parties The decision of a Division Bench of the Patna High Court dated 26 5 1995 disposing of two writ petitions being CWJC No.
Consequently, the selection of Principals made by the said Commission was also illegal, invalid, inoperative and void.
i A person to be appointed as Chairman shall have a minimum of 5 years experience as a University Professor Excluding the Chairman, half of the members shall number be below the rank of University Professor and half of the members shall number be below the rank of Additional Secretary of the Government of India State Government.
Two main issues were raised in the said writ petitions by the writ petitioners Dr Ratneshwar Prasad Singh and Dr Meera Das Gupta and others namely a whether Constitution of Bihar University Constituent Colleges Service Commission by the numberification dated 16 3 1994 is invalid and if so whether the selections by the said Commission for the post of Principal are illegal or void and b whether the reservation sought to be made in the post of Principal of the Constituent Colleges at a fixed percentage is arbitrary, unreasonable and untenable ?
With regard to the second issue, further question was raised to the effect that even if reservation to the post of Principal be permissible, whether such reservation would apply retrospectively in respect of the post which fell vacant and for filling of which applications were already invited and received from the eligible candidates prior to the enactment of Bihar Reservation of Vacancies in the Post and Service for Scheduled Castes, Scheduled Tribes and other Backward Classes Act, 1992 It may be stated here that the Bihar University Constituent Colleges Service Commission, hereinafter referred to as College Service Commission, was formed under numberification dated 16 3 1994 according to the amended provision of Section 6 of the Bihar State University Constituent Colleges Service Commission Act, 1987.
On the relevant date when the College Service Commission was formed, Section 6 of the said Service Commission Act stood amended by the Bihar State University Constituent Colleges Service Commission Amendment Act, 1993 Bihar Act 5 of 1993 to the following effect Qualification of Chairman and Members.
