S.J.MUKHOPADHAYA, J. - (1.) THE petitioners were working as Professor and receiving salary of the post of professor from the Vinoba Bhave University (University for short), When it came to the notice of the University that their promotions as professor were provisional, they were reduced in the rank of reader and it was ordered to recover the excess amount from their salary.
(2.) THE case of the petitioners is that they are eligible for promotion to the posts of Professor from the date they were granted promotion provisionally. As per the decision of the Supreme Court in Civil Appeal Nos. 6246/99 and 6247/99, their cases should have been considered for regular promotion. No action was taken by the University for years together and recently when their cases were referred by the University on 31.3.2001, the Bihar State Universities (Constituent College) Service Commission, Patna considered their cases for regular promotion to the posts of professor and recommended their names for promotion w.e.f. 24.2.1987 (petition No. 1) and 13.8.1988 (petitioner No. 2) respectively vide letters dated 19.12.2001 and 20.9.2001. On the other hand, the case of the respondents is that the promotion of petitioners to the post of professor was provisional. As per the provision of Bihar State Universities Act, 1976 (now Jharkhand State Universities Act, 2000) such provisional promotion can continue only for a period of six months. It is only on the recommendation of the State Universities (Constituent College) Service Commission a person can be given regular promotion.
(3.) SO far as the recommendation already made by the Bihar State Universities (Constituent College) Service Commission. Patna is concerned, according to respondent -University, after promulgation of Jharkhand State University Act, 2000, the Bihar State Universities (Constituent College) Service Commission has no jurisdiction to recommend, nor the petitioners can be granted regular promotion only on such recommendation. It is only the Jharkhand State Universities (Constituent College) Service Commission, Ranchi whose recommendation can be acted upon.;