JUDGMENT

Mrs. Sujata V. Manohar, J.-Leave granted.

2. The appellants have challenged the judgment and order of the Central Administrative Tribunal, Patna Bench, Patna dated 28th of July, 1995 as a result of which the Tribunal has set aside the selections made by the Selection Committee on 30th March, 1994 of officers of the Bihar Administrative Service for promotion to the Indian Administrative Service.

3. The Tribunal by its impugned order set aside the entire selection made at the meeting of the Selection Committee on 30th of March, 1994 on an interpretation of the Indian Administration Service (Appointment by Promotion) Regulations, 1955, holding that only three times the number of anticipated vacancies for the year plus 20% could have been considered as within the zone of consideration before the Selection Committee. The consideration of other officers under Regulation 5(3) was contrary to the said Regulations. It also said that the proceedings of the Selection Committee were vitiated on account of the participation of Shri S.N. Dubey as a member of the Selection Committee because his brother was within the zone of consideration although the brother has not been selected. And lastly the Tribunal has said that there was non-application of mind by the Selection Committee in considering 264 names on a single day.

4. The Indian Administration Service (Appointment by Promotion) Regulations, 1955, have been framed by the Central Government in consultation with the State Governments and the Union Public Service Commission under sub-rule (1) of Rule 8 of the Indian Administrative Service (Recruitment) Rules, 1954. The relevant Regulation which requires consideration is Regulation 5. The material provisions of Regulation 5 are as follows :

"Regulation 5 :

Presumption of a list of suitable officers -

(1) Each Committee shall ordinarily meet at intervals not exceeding one year and prepare a list of such members of the State Civil Service as are held by then to be suitable for promotion to the service. The number of members of the State Civil Service to be included in the list shall be calculated as the number of -substantive vacancies anticipated in the course of the period of 12 months, commencing from the date of preparation of the list in the posts available for them under Rule 9 of the Recruitment Rules plus twenty percent of such number or two whichever is greater.

Explanation-In case of joint cadres a separate select list shall be prepared in respect of each State Civil Service, the size of each select list being determined in the manner indicated above.

(2) The Committee shall consider for inclusion in the said list, the cases of members of the State Civil Services in the order of seniority in that service of a number which is equal to three times. the number referred to in sub-regulation (1).

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Provided further that in computing the number for inclusion in the field of consideration, the number of officers referred to in sub-regulation (3) shall be excluded :

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(3) The Committee shall not consider the cases of the members of the State Civil Service who have attained the age of 54 years on the first day of April of the year in which it meets.

Provided that a member of the State Civil Service whose name appears in the select list in force immediately before the date of the meeting of the Committee shall be considered for inclusion in the fresh list, to be prepared by the Committee even if he has in the meanwhile attained the age of 54 years.

Provided further that a member of the State Civil Service who has attained the age of fifty four years on the first day of April of the year in which the Committee meets shall be considered by the Committee, if he was eligible, for consideration on the first day of April of the year or of any of the years immediately preceding the year in which such meeting is held