IMPORTANT POINT
A Promotee whose promotion is only provisional and continuance in the post is dependent on the approval of the College Service Commission is ex-fade disqualified to be a member of the College Service Commission under Section 6 of the Bihar State Universities (Constituent Colleges) Service Commission Act, 1987 as amended by 1993 Act.

Headnote:Bihar State University (Constituent Colleges) Service Commission Act, 1987-Section 6 as amended by Amendment Act, 1993-Qualification of Chairman of Members-College Service Commission formed by Notification dated 16-3-1994-Constitution of Commission challenged as illegal and invalid-Question of eligibility of two of the members-Two members were promoted as Professors under time bound promotion scheme framed under Inter University Board Act-Notification of promotion not withdrawn-CollegeService Commission had not given approval within the time frame specified under Section 58(10) of the Bihar State Universities Act--High Court was justified in holding that the appellants not being Professors on the relevant date could not be nominated as members of the College Service Commission.
       Held : As a matter of fact both the appellants were given provisional promotions with retrospective effect in 1989 but their cases were not considered by the College Service Commission for years and they continued to enjoy the provisional promotions for a number of years. In order to but an end to continuance of temporary promotions in the post in respect of which approval of College Service Commission was necessary, sub-section (10) was added to Section 58 of the Bihar State Universities Act by the Bihar State Universities (Amendment) Act 1993. That sub-section makes it abundantly clear that "promotion given on temporary basis shall not be valid for a period exceeding six months unless recommended by the College Service Commission. (Para 15)
        In the case of the appellants the College Service Commission had not given approval within the time frame indicated in Section 58 (10) of, the Bihar State Universities Act. Hence, the provisional promotions must be held to have ceased to be operative under the said Amendment Act which was published in the Bihar Gazette on 25th August, 1993. The High Court therefore, was justified in holding that the appellants not being Professors on the relevant date could not be nominated as members of the College Service Commission. (Para 16)
       Further held: That. apart, we fail to understand how both the appellants could be nominated as members of the College Service Commission, even if it is assumed that their provisional promotions as Professor did not cease to be valid under Section 58 (10) of the Bihar Universities Act. Admittedly both the appellants were given temporary promotion under the time bound promotion scheme with express stipulation that in the event of non-approval of their promotions by the College Service Commission, their promotions would cease to be operative with immediate effect. A promotee whose promotion is only provisional and continuance in the post is dependent on the approval of the College Service Commission is ex facie disqualified to be a member of the College Service Commission. How the College Service Commission being constituted with such promotee can consider the case of the approval of the promotee ? We fail to understand why the concerned authority became oblivious of such patent disqualification of the appellants before appointing them as members of the College Service Commission. To say the least, such course of action may only raise reasonable suspicion of undue favour. (Para 17)

JUDGMENT

G.N. Ray, J.-Leave granted. Heard learned counsel for the parties.

2. The decision of a Division Bench of the Patna High Court dated 26.5.1995 disposing of two writ petitions being D.W.J.C. No. 5854 of 1994 and D.W.J.C. No. 8221 of 1994 is impugned in these appeals. 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 Consitution of Bihar University (Constituent Colleges) Service Commission by the notification 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.

3. It may be stated here that the Bihar University (Constituent Colleges) Service Commission hereinafter referred to as College Service Commission was formed under notification dated 16.3.94 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 :

"Section 6-Qualification of Chairman and Members:

(i) A person to be appointed as Chairman shall have a minimum of 5 years experience as a University Professor,

(ii) Excluding the Chairman, half of the members shall not be below the rank of University Professor and half of the members shall not be below the rank of Additional Secretary of the Government of India/State Government."

4. The College Service Commission was formed by the Notification dated 16.3.1994 with the following members :

1. Prof.SyedAbdulWahebAsharfi M.A. (Urdu), M.A. (Pcrsain) M.A. (English) S.L. Ph.D. University Professor and Ilea, the Ranchi University, Ranchi Chairman

2. Prof. L.N. Sahu, Head of the Department of Electrical Engineering, B.I.T Jamshedpur Member

3. Prof. B.P. Yadav Former Member Bihar State University Service Commission Member

4. Prof. Suresh Pd. Singh, University Professor of Jeeva Vigyan (Biology) College of Engineering, Bhagalpur Member

5. Shri Satyanarayan Prasad, Professor of Physics, Bhagalpur College of Engineering, Bhagalpur Member

5. The members of College Service Commission were impleaded in the writ petitions and it was contended that none of the members of the said College Service Commission including appellant No.1 Prof. B.P. Yadav and Appellant No. 2 Prof. Suresh Prasad Singh had requisite qualification to be appointed as the members of the said College Service Commission.

6. By the impugned Judgment, the High Court has held that two of the members namely Prof. Stayanarayan Prasad and Prof. L.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. On account of ineligibility of both the appellants to be appointed as members of the said College Service Commission comprising half of the total members of the said Commission (excluding the Chairman), the High Court has held that t

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