IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2987 of 2009 MAHENDRA PRASAD SINGH @ MAHENDRA SINGH, SON OF LATE SHIV NARAYAN SINGH, RESIDENT OF VILLAGE – SINGHAPUR TOLA NARAYANPUR, P.O. BANDI MANIYARA, POLICE STATION – NIMCHAK BATHANI, DISTRICT – GAYA. ……… PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, BIHAR, PATNA. 3. THE DIRECTOR, SECONDARY EDUCATION DEPARTMENT, BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, GAYA. 5. THE DISTRICT EDUCATION OFFICER, GAYA. 6. THE CHAIRMAN, GULABCHAND JANTA HIGH SCHOOL, NIMCHAK BATHANI, GAYA. 7. THE HEADMASTER, GULABCHAND JANTA HIGH SCHOOL, NIMCHAK BATHANI, GAYA. 8. THE SECRETARY, GULABCHAND JANTA SINGH SCHOOL, NIMCHAK BATHANI, GAYA. 9. SURAJ MARANDI, SON OF LATE TANIK LAL MARANDI, RESIDENT OF VILLAGE – WADHEL, POST AND P.S. HAVELI, KHARAGPUR, DISTRICT – MUNGER. 10. MUNNA KUMAR KORA, SON OF KARU KORA, RESIDENT OF VILLAGE – WADHEL, POST AND P.S. HAVELI KHARAGPUR, DISTRICT – MUNGER. …………… RESPONDENTS. ----------- 03/ 04.07.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s case is that he was appointed on the post of Nightguard by the Managing Committee of Gulabchand Janta High School, Neemchak Bathani, Gaya. He claims to be working on this post since 1995. The School thereafter has been taken over by the Govt. Petitioner’s prayer is for a direction to the respondents to regularize him on the post of Nightguard as he was working on this post since 22.11.1995. 2 There is no specific pleading regarding the number of sanctioned Class IV post in the school. It is also not mentioned whether there is any post of Nightguard, sanctioned in the school, against which petitioner is claiming his regularization. However, as informed by the petitioner’s counsel, Advertisement No. 18/2000 had been issued for appointment on Class IV post in different offices in the district of Gaya. Petitioner had also applied, but as per his information pursuant to that advertisement posts not filled. Considering that pleading in the writ application is vague regarding sanctioned post of Nightguard in the school, this application is being disposed of, with this observation that as and when any Class IV vacancy will be filled in this school on regular basis and the petitioner also applies for the same, his case will be considered, giving him benefit of weightage in appointment, considering the fact that he has been working against a Class IV post for a long time. DKS/ (Mridula Mishra, J.)