G.N.RAY - (1.) LEAVE granted.
(2.) HEARD learned counsel for the parties. The decision of a Divisional Bench of the Patna High Court dated 26-5-1995 disposing of two writ petitions being C. W. J. C No. 5854 of 1994 and C. W. J. C. No. 8221 of 1994 is impugned in these appeals. Two main issues were raised in the said writ petitions by the writ petitioners Dr. Ratneshwar Prasad Singh and Dr. Meera Das Gupta and others namely (a) whether constitution of Bihar University (Constituent Colleges) Service Commission by the notification dated 16-3-1994 is invalid and if so whether the selections by the said Commission for the post of Principle are illegal or void and (b) whether the reservation sought to be made in the post of Principle of the Constituent Colleges at a fixed percentage is arbitrary, unreasonable and untenable? With regard to the second issue, further question was raised to the effect that even if reservation to the post of Principle be permissible whether such reservation would apply retrospectively in respect of the post which fell vacant and for filling of which applications were already invited and received from the eligible candidates prior to the enactment of Bihar Reservation of Vacancies in the Post and Service for Schedule Castes, Scheduled Tribes and other Backward Classes Act, 1992. It may be stated here that the Bihar University (Constitutent Colleges) Services Commission herein after referred to as College Service Commission was formed under notification dated 16-3-94 according to the amended provision of section 6 of the Bihar State University (Constituent Colleges) Service Commission Act, 1987. On the relevant date when the College Service Commission was formed, Section 6 of the said Service Commission Act stood amended by the Bihar State University (Constituent Colleges) Service Commission Amendment Act, 1993 (Bihar Act 5 of 1993) to the following effect : Section 6 - Qualification of Chairman and Members : (i) A person to be appointed as Chairman shall have a minimum of 5 years' experience as a University Professor. (ii) Excluding the Chairman, half of the members shall not be below the rank of University Professor and half of the members shall not be below the rank of Additional Secretary of the Government of India/State Government."
(3.) THE College Service Commission was formed by the Notification dated 16-3-94 with the following members :- JUDGEMENT_494_8_1996Html1.htm The members of College Service Commission were impleaded in the writ petitions and it was contended that none of the members of the said College Service Commission including appellant No. 1 Prof. B. P. Yadav and Appellant No. 2 Prof. Suresh Prasad Singh had requisite qualification to be appointed as the members of the said College Service Commission.;