IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3185 of 2007 NAGESHWAR PRASAD . Versus THE STATE OF BIHAR & ORS . ----------- 10. 07/04/2010 Heard learned counsel for the petitioner and learned counsel for the opposite parties. Petitioner has filed this contempt application alleging non-compliance of the order dated 13.4.2007 passed by this Court in a batch of cases, which included case of the petitioner also. As per direction of this Court, a Three Men Committee was to examine the cases of this petitioner and others for the purposes of their regularization in terms of the directions of the Constitution Bench of the Apex Court in the case of Secretary, State of Karnataka Vs. Uma Devi, reported in (2006)4 S.C.C. 1. From the show cause filed on behalf of the opposite parties, it appears that pursuant to the said order, cases of the petitioner and others were considered and it was noticed that the case of the petitioner was not similar to the other employees who had succeeded in the examination and accordingly, his case was - 2 - rejected. Learned counsel for the petitioner submits that in the orders of regularization, as contained in Annexures-7 and 7/A to his reply to the show cause, by which services of near about 200 employees were regularized, there is no mention of any examination and they were regularized only on the basis of their past services and on the orders of the Chancellor. Therefore, he submits that the case of the petitioner has been rejected by the Three Men Committee on non est grounds. This is not a matter which can be considered in a contempt proceeding. Therefore, this contempt application is dismissed. Petitioner will be at liberty to challenge the said order of the Three Men Committee in an appropriate proceeding. Pradeep/ ( J.N. Singh, J.)