B.L.HANSARIA, G.N.RAY
B. P. Yadav – Appellant
Versus
Ratneshwar Prasad Singh – Respondent
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 Reser
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