Patna, Apr 23: Patna High Court has set aside Bihar Governor V C Pande's order to remove Bihar State University (constituent colleges) Service Commission (BSUSC) acting chairman S D N Singh and another member following controversy over selection of about 1200 candidates for appointment as lecturers. The judgement was delivered by Justice Chandramauli Prasad yesterday on a petition filed by the dismissed BSUSC acting chairman and a member Durga Prasad pleading that their removal was illegal as the governor had acted without the aid and advice of the council of ministers.

The judge in his order observed that the power conferred on the governor to appoint and remove members under Section 3 and 4 of the Bihar State University Service Commission Act, 1987 was not in the sphere where he was required to function in his discretion. As per the act the governor has to act on the aid and advice of the council of ministers. Since the governor had not done so as such his order was completely without jurisdiction and as a result the writ applications were allowed and the impugned order quashed, Justice Chandramauli Prasad said in his order.

The court, however, observed that before reinstalling the two officials to their posts, the state government should consider the charges for which they were sacked.

Singh and Prasad were sacked by the governor on December 7, 2002 following a row over BSUSC recommending names of around 1200 persons for posts of lecturers in different universities. Bureau Report