Appointment to the post of teachers in Universities and their constituent Colleges. (1) (i) Subject to the provision mentioned in this Act and Statutes as far as possible the Commission shall perform the same function in respect of the appointments to the sanctioned posts of the teachers of Universities as are assigned to it by Article 320 of the Constitution of India in relation to the State Service. (ii) The Commission on the recommendation of the State Government may organise an eligibility tests to be called �State Eligibility Test� for appointment to the posts of Teacher (Assistant Professor) in the Universities and Constituent/Affiliated colleges under them. In this behalf, Commission shall invite subjectwise applications only from such candidates who have obtained the qualifications prescribed in the UGC Regulations, 2010 or as may be prescribed by the University Grants Commission from time to time; Provided that, such test shall be conducted by the Commission in the light of the order issued by the State Government in conformity with the Regulations made by the University Grants Commission. (iii) Every year the Commission shall invite subject wise applications for appointment to the posts of Teacher (Assistant Professor) in the Universities and their constituent College only from such candidates who have passed the National Eligibility Test Conducted by the University Grants Commission/Council for Scientific and Industrial Research/State Eligibility Test and obtained minimum qualifications prescribed by the University Grants Commission Regulations, 2010 or as may be prescribed from time to time; 2[xxx] (iv) The subject wise vacancies including the presumed vacancies of the next calendar year alongwith the Reservation roster shall be forwarded to the Commission by the Universities upto thirty first December every year. (v) The University shall make appointments to the posts of Teacher, duly sanctioned and communicated by the State Government, only on the recommendation of the Commission and no appointment to the post of teachers shall be made by the University without the recommendation of the Commission. Commission shall comply with the conditions laid down in this Section for making recommendations for appointment to the posts of teachers of the University according to their need. (vi) The commission shall prepare a subjectwise merit list against the vacancies communicated by the University on the basis of the interview from among the __________________________ 1. Ins. by Act 17 of 2013. 2. Deleted by Act 11 2017.

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candidates applied for under clause (iii). The subject wise list shall contain the names of the candidate in order of merit double in number of the vacancies, however the commission shall forward only one name at a time to the University for appointment against vacancy; Provided that the commission shall recommend the names to the University in order of merit and on the basis of reservation roster sent by the University in conformity with the laws applicable to reservation in appointments in the State. Notwithstanding anything contrary to provision of this Act, Statute, the reservation policy prevalent in the Bihar State shall be applicable to all the appointments. (vii) All the proceeding of the Commission shall be completed on daily-basis itself, which includes minutes of the meeting, the list of the candidates on the basis of merit. The records pertaining to the merit shall be signed by the commission and the merit list of subject concerned shall be finalized on the last day of the interview of the subject. (viii) The merit list prepared by the Commission shall be valid for one year from the date of its issue. On receipt of the recommendations of the Commission under clause (vi) the University shall make appointments per the recommendations of the commission within six months from the date of its receipt. (ix) In respect of appointment, dismissal, removal, termination of service or demotion of teacher of the University and Constituent College, the University shall take action in consultation with the Commission in prescribed manner. (x) The Board for selection of candidates for appointments to the posts of teachers of the University Departments and constituent Colleges shall be constituted by the commission in view of the directions communicated by the State Government in conformity with the provisions prescribed in the regulations and circulated by the U.G.C. from time to time; Provided that at least three experts of the subjects concerned shall attend the meeting of Board organised for making recommendations for appointment. 1[(2) (i) Subject to the provisions of this Act and the Statutes, the Bihar State University (Constituent Colleges) Service Commission shall, as far as may be, perform, in respect of appointment to the post of 4[Principal] and officers (other than Vice-Chancellor, Pro-Vice-Chancellor and the Dean of Faculty) of the University the same functions as are assigned to the State Public Service Commission in respect of the State Services under Article 320 of the Constitution of India. 3[Provided that if there is no representation of Woman or extremely backward class (Schedule-1) or both in the selection committee then if may be open to the State Government to nominate additional members from amongst Women or extremely backward class (Schedule-1) or both as the case may be.] 2[(2) (a) The Bihar State Universities (Constituent Colleges) Service Commission shall hold every year a qualifying test for appointment of ____________________________________ 1. Subs. by Act 3 of 1990 (Renumbered as (2) by Act 17 of 2013). 2. Subs by Act 12 of 1995. 3. Ins. by Act 16 of 2008. 4. Subs by Act 17 of 2013.

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Lecturers in the University/Constituent Colleges/Affiliated Colleges which shall be known as the Bihar Eligibility Test. For this purpose it shall invite subjectwise application from only such candidates who fulfil the prescribed qualifications as laid down in the Statutes framed in this regard. However, such test shall be conducted having regard to any regulation framed or direction issued by the University Grants Commission in this regard; (b) For appointment of lecturers in the University and the Constituent Colleges the Commission shall invite applications from candidates who have passed the Bihar Eligibility Test and/or have cleared the Eligibility Test for lecturership/Junior Research Fellow conducted by the University Grants Commission/ Council for Scientific and Industrial Research and/or have already been awarded Ph.D. degree in the relevant subject and/or have already submitted Ph.D. thesis upto 31st December, 1993 and/ or have already been awarded M.Phil degree degree by 31st December, 1992 and on the basis of interview shall prepare subjectwise merit list against the vacancies notified by the University/Constituent Colleges and such list shall remain valid for a period of one year from the date of its approval. The subjectwise merit list shall consist of twice the number of vancancies, but the Commission shall send in order of merit only one name at a time to the University for appointment against a single vacancy: Provided that the Commission shall recommend names to the University from the merit list in conformity with the reservation roster prepared and sent by the University in accordance with the law relating to reservation in appointment in force in the State: (c) The vacancies including the likely vacancies in the next calendar year along with the reservation roster shall be intimated to Commission by the University by 31st of December every year. (3) In making recommendations for appointment to every post of 3[Principal] and officer, the Bihar State University. (Constituent Colleges) Service Commission shall fulfil conditions contained in Section 58 of the Act. 1[(4)- �Three expert not connected with the University to be nominated by the Vice-Chancellor from a panel of not less than ten names approved by the Academic Council for each post out of which, at least one member should belong to Scheduled Caste/Schedules Tribes and two members shall be from out-side the State. The Academic Council shall send name of not less than two members belonging to Scheduled Caste/ Scheduled Tribes category.] 2[(5) Notwithstanding anything to the contrary contained in this Act, or Statutes, Rules or Regulations made under it, the law relating to reservation in force in the State shall apply to all appointments] ____________________________________ 1. Subs. by Act 16 of 2008 2. Ins by Act 17 of 1993 3. Subs by Act 17 of 2013.

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Legislative changes (after 1982)-This Section prior to its substitution �by Ordinance 4 on 1985 read as follows:- ** f�k{kdksa vkSj inkf/kdkfj;ksa ds inksa ij fu;qfDr& �1� bl vf/kfu;e vkSj ifjfu;eksa ds micU/kksa ds v/khu jgrs gq, jkT; yksd&lsok vk;ksx �dqyifr] izfrdqyifr vkSj ladk;k�;{k ls fHkUu� fo�ofo|ky; ds f�k{kdksa vkSj inkf/kdkfj;ksa ds inksa ij fu;qfDr ds lEcU/k esa ;FkklaHko mUgha d``R;ksa dk ikyu djsxk] tks mls jkT; lsokvksa ds lEcU/k esa Hkkjr&lafo/kku ds vuqPNsn 320 }kjk lqiqnZ fd, x;s gSaA �2� fcgkj yksd lsok vk;ksx lHkh fo�ofo|ky;ksa esa izk�;kidksa dh fu;qfDr gsrq fyf[kr izfr;ksfxrk ijh{kk ds vk/kkj ij ,d iSuy �ukfedk� rS;kj djsxk vkSj mlh iSuy �ukf;dk� ls izk�;kidksa dh fu;qfDr dh tk,xhA �3� fo�ofo|ky; ds f�k{kd vFkok inkf/kdkjh ds izR;sd in ij fu;qfDr ds fy, vuq�kalk djus esa jkT; yksd lsok vk;ksx bl vf/kfu;e dh /kkjk 58 esa vUrfoZZ"V �k�kksZ dk ikyu djsxkA** �4� ,sls f�k{kdksa dh fu;qfDr ftlds fy, bl vf/kfu;e esa nwljk izko/kku ugha fd;k x;k gS] mldh fu;qfDr fcgkj dkyst lsok vk;ksx dh vuq�kalk ij dh tk;xhA** The above substitution continued by successive Ordinances till the passing of Act 3 of 1990. Later on in 1993 by Ordinance 14 of the 1993 the existing sub-sections (3) & (4) were renumbered as sub-sections (4) & (5) and new sub-section (3) was inserted as follows:- �(3) Notwithstanding anything to the contrary contained in the Act, Statutes, Rules or Regulations, the policy of reservation in the State of Bihar shall apply to all appointments.� Act 17 of 1993 which repealed Ordinance 14 of 1993 while substituted sub-section (2) it re-arranged the sub-sections according to which the earlier added new sub-section (3) by Ordinance was repositioned as no. (5) as sub-section (5). Thereby the exiting subsections (3) & (4) which were re-numbered as (4) & (5) by Ordinance took back their original position by Act 17 of 1993. Sub-section (2) (as it existed after substitution of sec. 57 by Act 3 of 1990) read as follows:- ** �2� fcgkj jkT; fo�ofo|ky; �vaxhHkwr egkfo|ky;� lsok vk;ksx lHkh fo�ofo|ky;ksa rFkk muds vaxhHkwr egkfo|ky;ksa esa fofHkUu dksfV ds f�k{kdksa ,oa inkf/kdkfj;ksa dh fu;qfDr gsrq vk;ksftr lk{kkRdkj ds v/kkj ij izR;sd fo�ofo|ky; ds fy, ,d&,d iSuy �ukfed� rS;kj djsxkA f�k{kdksa ds fy, fo"k;kuqlkj ;g iSuy cuk;k tk;sxk vkSj mlh ls fofHkUu fo�ofo|ky;ksa ,oa ekfo|ky;ksa ds f�k{kdksa rFkk inkf/kdkfj;ksa dh fu;qfDr dh tk;sxhA** Vide Act 17 of 1993 this sub-section (2) read as follows:- �(2) (a) The Bihar State University (Constituent Colleges) Service Commission shall invite subjectwise applications for appointment of teachers in the University, and on the basis of examination and interview held, shall prepare subjectwise Merit List of candidates for appointment against vacancies in all the Universities

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and its Colleges. The list so prepared shall be valid for a period of one year from the date of its approval by the Commission. The subjectwise merit list shall consist of one and half times the number of vacancies notified by the Commission. The vacancies including the likely vacancies in the next calendar year along with its reservation roster shall be intimated to the Commission by the University by 31st of December every year. The Commission shall recommend names from the merit list in conformity with the reservation roster prepared and sent by the Universities in accordance with the law relating to reservation in appointments in force in the State. Such names shall be recommended to the University in order of preference of the candidates, to the extent possible. (b) The Officers of the Universities, unless otherwise expressly provided under this Act, shall be appointed from the list recommended to the Universities by the Commission as provided in clause (a).�� Subsequently by Ordinance 6 of 1994 the word �teacher� in clause (a) of sub-section (2) was substituted by the word �lecturer� Yet another Ordinance 22 of 1994 was promulgated at that time by which sub-sections (2) & (4) were substituted and it continued by successive Ordinances till the passing of Act 12 of 1995. Sub- section (4) prior to its substitution by Act 12 of 1995 read as follows:- ** �4� lac) egkfo|ky;ksa ds f�k{kdksa dh fu;qfDr fcgkj dkyst lsok vk;ksx ds vuq�kalk ij dh tk;xh**A 1[�57 A-Procedure of selection to be prescribed by the statute- (1) Subject to the provisions of this Act and Statutes made thereunder, for appointment of teachers in such affiliated Colleges, which are not governed by the State Government or not funded by the Universities, the applications from the candidate fulfilling the qualifications prescribed under clause (iii) of sub-section (1) of section 57 of this Act shall be invited by the Governing Body of the College concerned. The selection shall be processed by the Selection Committee constituted by the University under the provisions contained in section 57B of this Act. (2) In making recommendations on the basis of interview of the candidates ����������������������������___________________________________ 1. Subs. by Act 17 of 2013.

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holding the above mentioned qualifications the rules or reservation shall be adhered by the Selection Committee. (3) The recommendation made by the Selection Committee shall remain valid for one year from the date of the recommendation. Within six months from the date of recommendation of the Selection Committee; the college administration shall process the appointment/promotion in order of preference laid down by the Selection Committee. (4) With regard to the appointment, promotion, dismissal, discharge, removal from service and termination of service or demotion of teachers in affiliated Colleges, the action shall be taken in the manner prescribed after making consultation with the above mentioned Selection Committee. (5) The appointments, promotions, dismissal, removal and termination of service of teachers in the minority colleges affiliated on the basis of religion and language may be made and disciplinary action against them shall be taken by the governing body of those colleges with the approval of the Selection Committee constituted by the University; Provided that, where the order concerned is limited to only ensure, withholding increment, against a teacher or his/her suspension till the investigation of charges, in such cases the consultation with the Selection Committee shall not be necessary. 2[�(6) Subject to this Act, the Selection Committee shall complete the scrutiny of the cases of the teacher�s appointed without the recommendation of the Bihar College Service Commission prior to 19.4.2007 in the Affiliated Degree Colleges on the basis of the qualifications enforced at time of the appointment of such teachers till 31.3.2018. Otherwise such appointments will not be treated valid. Thereafter the Governing Body of the college will accept the names recommended by the Selection Committee, which shall be finally approved by the concerned University. Distribution of grant amount sanctioned by the State Government till 31.3.2018 shall be made amongst the teachers working in the concerned Affiliated Degree Colleges by its Governing Body.� Legislative changes (after 1982)-In this section clause (c) of sub-section (2) was substituted by Ordinance 4 of 1985 which continued by successive Ordinances till Act 3 of 1990 was enacted. Prior to its substitution, this clause read as follows:- �(c) The concent of University Service Commission shall not be required for the meger of services of teacher of affiliated colleges appointed against the posts created by the Governing Bodies before the formation of the College Service Commission and whose services are approved by the Governing Bodies on the recommendation of University Service Commission/College Service Commission. Service of such teachers shall be merged in the University Service, as they are, from the date of conversion shall be determined in accordance with the procedure laid down in the Statutes.� _________________________________________ 1. Ins. by Act 16 of 2015. 2. Subs. by Act 20 of 2017

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2[�57 B. Constitution of Selection Committee. (1) The Selection Committee for appointment to the posts of Assistant Professor, Principal in affiliated colleges shall be constituted by the University as follows:- (i) The Chairman of the governing body of the college or the person nominated by the governing body, who being one of its members, shall be the Chairman of the Selection Committee. (ii) Principal of the College (iii) Head of the department of the faculty concerned in the College. (iv) Three experts, not below the rank of professor and two out of them should be experts of the subject, shall be nominated by the Vice-chancellor of the concerned University. In case of such colleges, which have been notified/declared as minority educational institution, three persons nominated on behalf of the Chairman of the College who shall be from the list of five persons preferably from the minority community and who have been recommended by the Vice-Chancellor of the University concerned from the panel of experts proposed by the Academic Council of the University concerned and three persons out of them should be subject experts. (v) The Governing body of the College may nominate two such subject experts who are not connected with that college and those persons have been recommended by the Vice-Chancellor out of the panel of Subject Experts approved by the Academic Council of the University Concerned. (vi) An academician representing SC/ST/OBC/Minority/Women/Differently- abled categories, if any of candidates representing these categories it the applicant, to be nominated by the Vice-Chancellor, if any of the above members of the selection committee do not belong to that category. (vii) presence of five members of the Selection Committee, which shall include three subject experts, shall form the quorum for the meeting or the Selection Committee.