IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.104 of 2011 RAMPHAL MANDAL, Son of Late Suresh Mandal, Resident of Village Jamunia, P.S. Navgachhiya, District Bhagalpur. …………Petitioner/Appellant Versus 1. THE T.M.BHAGALPUR UNIVERSITY, Bhagalpur, Through its Registrar. 2. THE VICE-CHANCELLOR, T.M. Bhagalpur University, Bhagalpur. 3. THE REGISTRAR, T.M. Bhagalpur University, Bhagalpur. 4. THE DEPUTY REGISTRAR, T.M. Bhagalpur University, Bhagalpur. 5. THE PRINCIPAL, Shankar Sah Vikramshila Mahavidyalaya, Kahalgaon. 6. THE PRINCIPAL, Gajadhar Bhagat Mahavidyalaya, Navgachhiya. 7. THE STATE OF BIHAR, Through the Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, New Secretariat, Patna. 8. THE DIRECTOR, Department of Higher Education, Government of Bihar, New Secretariat, Patna. …………Respondents/Respondents ----------- 04/- 11/04/2011 Heard learned counsel for the appellant and learned counsel for the University. Annexure – 5 to the memorandum of appeal contains specific report from the Principal of the concerned college in respect of appellant that he was not re- engaged as his name was not appearing in a particular writ petition bearing C.W.J.C. No. 3282 of 2000 and he was last paid daily wages on August 1999. Learned counsel for the appellant has submitted that the Principal has given wrong facts in order to save his own skin 2 and in fact appellant has received payment of wages as late as August 2007 in proof of which a cheque of Allahabad Bank dated 11.08.2007 is being annexed as Annexure – 3 series to this memo of appeal. The learned writ court has himself noticed lack of adequate factual materials on record and therefore, the writ petition has been disposed of by giving opportunity to the appellant (writ petitioner no. 8) that he may move the Vice-Chancellor of the University to press his case of regularization and if such a claim is made, the same shall be decided strictly in accordance with law. In our view, the matter should be decided by the Vice-Chancellor if the appellant prefers a representation before him in the light of the observation made by the writ court. This appeal is accordingly disposed of. Praveen/- ( Shiva Kirti Singh, J.) ( Akhilesh Chandra, J.)