(1.) The challenge in this writ-petition is against the order of appointment of respondent Nos. 6 to 27 to the post of Principal in different constitution colleges of B. R. Ambedkar Bihar University issued by the Vice Chancellor of the said University on 16th January, 19% (Annexure-1)
(2.) The petitioners, who are Professors and one of them is a Reader of different Colleges, challenge the said appointment on various grounds. But the main ground is that the said order of appointment was issued on the basis of the recommendation dated 15th January, 19% of the illegally constituted Commission, namely, Bihar State Universities (Constituent Colleges) Service Commission (hereinafter called the said Commission). The constitution of the said Commission, it is claimed, was vitiated by the presence of two members who were found by a Division Bench of this Court to be disqualified and subsequently on appeal the said judgment was affirmed by the Supreme Court. Those proceedings, not filed by the present petitioners were numbered as C.W.J.C. Nos. 5814 of 1994 and 8221 of 1994. Both those writ-petitions were analogously heard by a Division Bench of this Court and a judgment was rendered on 26th May, 1995.
(3.) The cardinal question which was debated before the Division Bench in that case was about the valid constitution of the Commission. The same question is at issue in this proceeding also. So the judgment of the Division Bench dated 26th May, 1995 has a bearing on the present proceeding.
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