Section 49(5) in The Bihar Intermediate Education Council Act, 1992
(5)(a)The Council or the Governing Body of the Institutions, shall, appoint persons in order of merit, from the merit list within a period of three months from the date of receipt of the recommendations under sub-section (4) :Provided that if the Council/Governing body is unable to accept the merit list recommended by the Commission it shall record the reasons thereof and forward the matter to the State Government for final decision.(b)It shall be the duty of the State Public Service Commission in respect of recommendations made for appointment in the Council and the College Service Commission in respect of recommendation made for appointment of teachers in recognised institutions, to submit an annual report of the functions discharged, to the State Government and the Council and the Council shall forward it to the State Government with its comments and the State Government shall place it before the State Legislature.(c)Notwithstanding anything contained in the preceding sub-sections, it shall not be necessary for the Council or the Governing Body to consult the Commission, if the post of a teacher to which appointment is being made is not likely to continue for a period exceeding six months and any delay in appointment is likely to affect adversely the Council or the Institution:Provided that if the person appointed aforesaid is to continue on the post for a period beyond six months, or is to be appointed to any other post, the concurrence of the Commission will be necessary and in the event of failure to do so the appointment shall be deemed to have been terminated on the expiry of the period of six months:Provided further, that on the basis of concurrence obtained under clause (c) of sub-section (5) from the Commission any person can be retained on the post for another period not exceeding six months on the expiry of which his services will stand automatically terminated.
