LexDR. B.P. YADAV AND ANR. versus DR. RATNESHWAR PRASAD SINGH AND ORS.
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A B c DR. B.P. YADAV AND ANR. v. DR. RATNESHWAR PRASAD SINGH AND ORS. MARCH 14, 1996 [G.N. RAY AND B.L. HANSARIA, JJ.] Bihar State Unive1'·ity (Constituent Colleges) Service Commission Act, 1987/Bihar State Universities Act, 1976 : S.6/s.58( 10)-Bihar State University (Constituent Colleges) Service Commission-M embers--Ap poi n tm en t of-Qualification-Commission comprising professors appointed provisionally under time bound promotion Scheme but their promotion not being recommended by the Commission within the time limit as provided in s.58(10)-Held, in the absence of such approval, provisional pro1notion as professor ceased to be operative and such D person is ex facie disqualified to be a Member of the Commission. In the writ petitions filed before the Patna High Court challenging the selection of Principals of Constituent Colleges made by the Bihar State University (Constituent Colleges) Service Commission, it was contended E that two of the Members of the College Service Commission, namely, appellants no.1 and 2, did not have the requisite qualification to be appointed as members of the Commission as prescribed by s.6 of the Bihar State University (Constituent Colleges) Service Commission Act, 1987 as amended by Bihar Act 5 of 1993. It was alleged that the two appellants were given provisional promotion as professors and their promotions not F having been concurred by the College Service Commission as envisaged by s.58(10) of the Bihar State Universities Act 1976, ce-dsed to be effective. The High Court allowed the writ petitions holding that appellants no. 1 and 2 lacked the requisite qualification for being appointed as Members of the Commission and, therefore, constitution of the said College Service Com- G mission was illegal and invalid. Consequently, the High Court held the selections made by the said Commission as illegal, invalid inoperative and void. Aggrieved, the appellants filed the present appeals. It was contended for the appellants that appellants no. 1 and 2 were promoted as Professors under the time bound promotion scheme and H s.58(10) of the Bihar State Universities Act dealing with promotions on 408 .. B.P. YADAVv. RATNESHWAR PRASAD SINGH 409 temporary basis had no application to the case of the appellants, as they A were given promotion prior to the coming into force of the provision. It was also contended that s.58(1) was not applicable to the time bound promotion. Dismissing the appeals, this Court HELD : 1.1. The High Court was right in holding that appellants no. 1 and 2 not being Professors on the relevant date could not be nominated as members of the College Service Commission. [418-C] B 1.2. Sub-Section (10) added to s.58 of the Bihar State Universities Act by the Bihar State Universities (Amendment) Act 1993 makes it C abundantly clear that "promotion given on temporary basis shall not be valid for a period exceeding six months unless recommended by the College Service Commission". [418-A] 1.3. Appellants no. 1and2 were given temporary promotion nnder the D time bound promotion scheme with express stipulation that in the event of non approval of their promotions by the College Service Commission, their 1 promotions would cease to be operative with immediate effect. But the College Service Commission did not give approval within the time frame indicated in Section 58(10) and, therefore, the provisional promotions given i to them must be held to have ceased to be operative. (418-D-E; 418-B) E 1.4. The time bound promotion under the statue is not automatic and as a matter of course. Even for provisional promotion under the said scheme, the service records of the eligible teacher with reqnisite qualifica· lion and requisite length of service are required to be properly assessed by the competent Committee for recommendation for provisional promo- tion. Such provisional promotion thereafter, reqnires to be considered and recommended by the College Service Commission and only on such recom· mendation, the time bound promotion by way of personal promotion of the concerned teacher becomes permanent. [417·B·C) 2.1. A promotee whose promotion is only provisional and con· tiimance in the post is dependent on the approval of the College Service F G ·+ · · Commission is ex facie disqualified to be a member of the College Service Commission. [ 418-E] 2.2. The appellants having ceased to be Professors consequent upon H
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