IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.2963 OF 2005 MANOJ KUMAR, SON OF LATE SATYA NARAYAN RAI, RESIDENT OF VILLAGE PIPARA, POLICE STATION BEGUSARAI TOWN, DISTRICT PATNA ..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE VICE CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA 3. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA 4. THE PRINCIPAL, G. D. COLLEGE, BEGUSARAI …………………………………………………………………………….RESPONDENTS ******** FOR THE PETITIONER :- MR. HARE KRISHNA PRASAD, ADVOCATE FOR THE S T A T E :- MR. S. C. 10 FOR UNIVERSITY :- MR. PARTHA SARTHY, ADVOCATE *********** 4 03/02/2011 The petitioner is seeking regularization as a Lab Boy in the Industrial Micro Biology Department, G. D. College, Begusarai. The petitioner was appointed temporarily on the said post with a rider that he may be removed after giving him 15 days’ notice. Apparently, he continued to work as would be apparent from Annexure- 3, letter of the Head of the Department, Botany, dated 29.08.2003. A counter affidavit has been filed on behalf of the University stating therein that the appointment of the petitioner was on temporary basis and the Industrial Micro Biology Department no longer exists. The stand of the University does not appear to be quite correct as it can hardly be believed that the Industrial Micro Biology Department does not exist in the 2 G. D. College, Begusarai. The question that the University has to decide is that whether they should regularize the petitioner considering that he has been put in service for more than 20 years in the concerned college. In cases, where persons have worked for more than 10 years, the Apex Court has held in the case of the Secretary, State of Karnataka vs. Uma Devi [2006 (4) SCC 1] that the concerned authorities should consider regularizing such persons if they have been appointed irregularly but not illegally on the said posts. Of course, the appointment of the petitioner was made on a temporary basis and, therefore, he would be entitled to be considered for regularization having completed more than ten years of service without any complaints. The facts that the petitioner has been working since his appointment continuously in the concerned College will obviously have to be ascertained from the Principal of the College before taking any decision in this matter. The petitioner is directed to produce a copy of this order before the respondent no. 2 within a period of eight weeks from the date of receipt of a copy of this order. A reasoned order may be passed by the respondent no. 2 within a period of four months thereafter. 3 This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )