- (1.) The different Universities in the State of Bihar and the Bihar State University (Constituent Colleges) Service Commission (hereinafter referred to as 'the Commission') have filed these appeals for setting aside a judgment of the High court, quashing the orders passed by the Vice-Chancellors of the Universities in question, cancelling the promotions under the Time-Bound Promotion Scheme, given to the writ petitioners (hereinafter referred to as 'the respondents').
(2.) The statute regarding the Time-Bound Promotion Scheme was framed on the recommendation of Bihar Inter-University Board and the State government which was approved by the Chancellor under the provisions of Bihar Inter-University Board Act, 1981. It was circulated by Office Letter No. B. S. U.-27/25-4032 G. S. dated 21-12-1986. Under the aforesaid Scheme, a Lecturer having completed ten years of continuous service as Lecturer in one or more Universities can be promoted to the post of Reader, in accordance with the procedure prescribed in the aforesaid statute. Similarly, a Reader, having completed the prescribed period of continuous service as Reader can be promoted to the post of University Professor in accordance with the procedure prescribed in the said statute.
(3.) It appears that the case of the respondents in different appeals, for promotion from the posts of Lecturer to the posts of Reader was considered under the aforesaid Time-Bound Promotion Scheme. They were promoted ontemporary basis on different dates between 1987 and 1992 awaiting the recommendation of the Commission. There is no dispute that the Commission in due course sent its recommendation, in respect of different Lecturers in the different Universities who had already been promoted on temporary basis to the posts of Reader. The last such recommendation is dated 25/1/1993. However, by a resolution dated 10/2/1993, the Commission withdrew its recommendation saying ".. If the screening committee has not been constituted as per the provisions of the statute and in the screening committee in place of required expert some other person has participated as expert, then the Commission treats them as irregular, accordingly their recommendation for promotion is derecommended. "it is said that thereafter, the concerned Universities issued orders reverting the respondents from the posts of Reader to the substantive posts of Lecturer. It may be mentioned, that some of the respondents in the different writ applications before the High court had also been promoted from the posts of Reader to the posts of University Professor on temporary basis. It is an admitted position that recommendation of the Commission had not been received by the Universities, so far as their promotion from the posts of Reader to the posts of University Professor is concerned. The High court has quashed the aforesaid resolution of the Commission dated 10/2/1993 withdrawing its recommendation. It has also quashed the different orders issued by the Vice-Chancellors of the different Universities reverting the respondents from the posts of Reader to the posts of Lecturer.;