SUNITY PANDEY Vs. KANT PRASAD SHRIVASTAVA

JUDGEMENT

(1.) These letters patent appeals are directed against the common judgment passed by the Learned single Judge in C.W.J.C. No. 4511 of 19% allowing the writ-petition and quashing the appointment of the appellants herein as Principals in different Constituent Colleges of B.R. Ambedkar Bihar University, issued by the Vice-Chancellor of the said University on 16th January, 19% (Annexure 1).

(2.) The contesting respondents challenged the aforementioned appointment mainly on the ground that the recommendation made by the Bihar State Universities (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission') was invalid as two Members of the Commission, namely, S/Shri B.P. Yadav and S.P. Singh, were not eligible as was held by this Court in its earlier judgment.

(3.) In short, the relevant facts are that on 15-3-1994 the Commission was constituted with five Members, namely, S/Shri Syed Abdul Vaheb Asharfi as its Chairman, Satya Narayan Prasad, B.P. Yadav, S.P. Singh and L.N. Sahu as its members. In between 19-9-1994 and 3- 10-1994 interviews were held by the said five members of the Commission for appointment as Principals in the Constituent Colleges under the University Two writ-petitions were filed in this Court assailing the Constitution of the Commission, vide notification dated 15/16-3-1994 as also the selection made by it for the posts of Principal. The said writ-petitions were finally heard by the Division Bench and the same were allowed, vide judgment, dated 26th May, 1995. The Division Bench held that the two Members, namely, S/Shri B.P. Yadav and Suresh Prasad Singh, were disqualified to hold the posts of University Professor long before their appointment as members of the Commission. As uch, they did not have the requisite qualification far their appointment as Members of the Commission and consequently, the Commission constituted by the impugned notification dated 16-3- 1994 was held to be illegal and invalid and any selection of the Principal by the Commission or any appointment made on the basis of such selection were equally held to be invalid, inoperative and void. The respondents were directed to reconstitute the Commission with qualified Members at an early date so that the vacant posts of the Principal in the Constituent Colleges may be filled up without further delay.