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1981 Supreme(Pat) 85

B.S.SINHA, NAGENDRA PRASAD SINGH
Bimal Kumar Jain – Appellant
Versus
Ramautar Shukla – Respondent


Judgment

Nagendra Prasad Singh, J.

1. The question which has been raised in this writ application is as to whether respondent No. 1, who was earlier the Chairman of the Bihar Public Service Commission, could have been appointed as the Vice-Chancellor of the Patna University (hereinafter to be referred, to as the University) in view of Article 319 (b) of the Constitute on of India.

2. Respondent No, 1, was the Chairman of the Bihar Public Service Commission (hereinafter to be referred to as the Commission) and after ex pert of his term as the Chairman of the commission, he was appointed the Vice-Chancellor of the said University which post he joined on 22-4-1980, Article 319 (b) of the Constitution of India is as follows;

319. On ceasing to hold office- (a) * * *

(b) the Chairman of a State Public Service Commission shall be eligible for appointmen! as the Chairman or any other member of the Union Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under the Government of India or under the Government of a state.

The framers of the Constitution have prescribed a prohibition under Article 319 of the Constit






























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