NARASIMHAM, J.

( 1 ) THESE are petitions under Article 226 of the Constitution against the detention of the petitioners under the Preventive Detention Act. We are informed that their case was referred to the Advisory Board constituted under sub-clause (a) of Clause (4) of Article 22 of the Constitution and that the Board has recommended the continuance of their detention for the period as originally ordered. We are not concerned with the question about the adequacy of the grounds of their detention or the propriety of the order of detention.

( 2 ) MR. Pasayat on behalf of the petitioners urged that two of the members of the Board, namely, Sri R. K. Rath and Sri R. C. Mitra did not possess the necessary qualifications for appointment as members of the Advisory Board as required by sub Clause (a) of Clause (4) of Article 22 and that consequently the board was not validly constituted. That sub-clause says that a member of the board should be a person qualified for appointment; as a Judge of a High Court.

( 3 ) AS regards Sri R. K. Eath it appears that he was appointed a member of the bihar and Orissa Public Service Commission in December 1947 and he ceased to be a member of that Co