STATE OF BIHAR Vs. BRAJ KUMAR MISHRA

JUDGEMENT

(1.) LEAVE granted.

(2.) FINDING him eligible for promotion to the post of Professor under the time bound promotion scheme and being satisfied that the respondent No. 1 possessed the requisite qualification, the learned single Judge of the High Court of Patna quashed the impugned notification dated 4-10-1996 and held the respondent No. 1 to have been promoted with effect from 1-2-1985 and not with effect from 1-6-1992. The Letters Patent Appeals filed were dismissed vide the impugned judgment in these appeals. The appellants, the University and the State of Bihar are mainly aggrieved by the findings of the High Court in so far as it, after quashing the order of the Registrar, declare the respondent No. 1 to have been promoted with effect from 1-2-1985. It is urged that after setting aside the impugned notification in the writ petition, the matter should have been remitted to the authorities of the University for consideration of the case of the respondent No. 1 for promotion to the post of Professor.

(3.) LEARNED counsel appearing on behalf of the appellants have submitted that as the recommendation by the Screening Committee and consequent promotion was subject to the concurrence of the Commission and the Commission had not approved the promotion, the same had lapsed under sub-section (10) of Section 58 of the Bihar State Universities Act which, inter alia, provide :