MUNMASIHDHAANWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition the petitioners, three in number, have prayed for quashing the orders as contained in Annexures 12 to '6 By the order as contained in Annexure 12 dated 3-9-1992 the Additional Secretary of the Human Resources, Development Department, Government of Bihar, has informed the Secretary, Bihar College Service Commission that the representation in the matter of transfer of 12 employees, as named therein, from College Service Commission to Bihar State University (Constituent Colleges) Service Commission had been rejected, and directed him to immediately make available the services of the said 12 persons at the disposal of the Bihar State University (Constituent Colleges) Service Commission. Annexure 16 contains the office order dated 10-9-1992 by which seven out of the 12 aforesaid persons mentioned in Annexure 12 have been relieved. Annexures 13, 14 and 15 are said to be the basis of the impugned orders as contained in Annexures 12 and 16 and, accordingly, the petitioner have challenged those orders as well.

(2.) The dispute in the writ petition relates to surrender transfer of posts from the Bihar College Service Commission ('College Service Commission' in short) to Bihar State University (Constituent Colleges Service Commission ('Constituent Colleges Service Commission' in short). It appears that a Commission known as Bihar University Service Commission was created and established in 1960 under the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960 (Bihar Act 14 of 1961). Later after enactment of Bihar University Service Commission Act, 1976 (Bihar Act 26 of 1976) the University Service Commission started functioning under that Act until it was amended by the Bihar University Service Commission (Amendment) Act, 1981 (Bihar Act 30 of 1982) when it came to be called as the College Service Commission. Another Commission known as the Bihar State University (Constituent Colleges) Service Commission was created and established under an ordinance in 1985 which was ultimately enacted as the Bihar State University (Constituent Colleges) Service Commission Act, J987. Although the functions of the two Commissions are analogous, they have separate and distinct existence operating in different spheres. While the College Service Commission deals with the matters related to making selection for appointments in the affiliated Colleges of the State, the Constituent Colleges Service Commission does the same job with respect to the Constituent Colleges of the State. It may be stated here that before the Constituent Colleges Service Commission came into existence the work of making selection for appointments in the Constituent Colleges was being done by the Bihar Public Service Commission.

(3.) When the Constituent Colleges Service Commission came into existence in 1986 the State Government thought that the work load of the College Service Commission would be reduced and, therefore, the College Service Commission would not require the same number of persons as before Accordingly, by letter dated 14-9-1985/28-10-1985 the Government while sanctioning the creation and establishment of the Constituent Colleges service Commission directed that the Commission would be manned by incumbents of the College Service Commission. 37 posts of the College Service Commission were thus surrendered in favour of the Constituent Colleges Service Commission. It is an admitted position that out of 37 posts, investments of 25 posts were relieved from the Commission and in course of time they have been absorbed in the service of the Constituent Colleges Service Commission. They left over 12 persons including the on three petitioners stand on same footing as the other 25 persons although, account of the absorption of the said 26 persons in the service/of the Constituent Colleges Service Commission, their surrender/transfer from the College Service Commission is a closed chapter now.