JUDGMENT

SAWANT, J.:—Leave granted.

The appellant is a member of the Bar. He had filed a petition in the nature of a public interest litigation under Article 226 of the Constitution of India before the High Court of Patna praying for a writ of quo warranto challenging the appointment of respondent No. 6, Dr. Shiva Jatan Thakur as a Member of the Bihar State Public Service Commission. The High Court dismissed the writ petition. Hence the present appeal.

2. The attack against the appointment of respondent No. 6 is based on two grounds :

(a) on the date of his appointment i.e., 4th March, 1991, respondent No.6 was the seventh non-service member. The total strength of the Public Service Commission being eleven (including the Chairman), the appointment of the seventh member from the non-service category, was violative of the proviso to Article 316(1) of the Constitution which requires that as nearly as may be, one-half of the members shall be persons who have held office for at least ten years either under the Government of India or under a Government of the State.

(b) respondent No. 6 was totally blind even from a date prior to his appointment and was unfit to be appointed, by reason of th