IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7967 of 2001 NAWAL KISHORE SINGH, S/O SHRI CHEDI SINGH, R/O MOHALLA GURKI MANDI, P.O.-GULZARBAGH, P.S.- ALAMGANJ, DISTRICT-PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY TO THE GOVERNMENT HUMAN RESOURCES DEVELOPMENT DEPARTMNET, NEW SECRETARIAT, PATNA. 2. THE VICE-CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT-GAYA. 3. THE REGISTRAR, MAGADH UNIVERSITY, BODH GAYA, DISTRICT-GAYA. 4. THE PRINCIPAL, J.D. WOMEN COLLGE, BAILY ROAD, PATNA. 5. SRI ANIL KUMAR SINGH, S/O NOT KNOWN, C/O THE PRINCIPAL, J.D.WOEMNS COLLEGE, PATNA. 6. SRI MANOJ KUMAR SINGH, S/O NOT KNOWN, C/O THE PRINCIPAL, J.D.WOMENS COLLGE, PATNA. 7. SRI BIRENDRA SINGH, S/O NOT KNOWN, C/O THE PRINCIPAL, J.D.WOMENS COLLGE, PATNA. …………………RESPONDENTS. ----------- 14 31.07.2009 It appears from Annexure-1 that the petitioner had moved this Court earlier through C.W.J.C. No. 9094 of 1996 challenging an order by which order of his regularization stood stayed. Prayer was made in the writ application on behalf of the petitioner for direction for consideration of his case in the light of the Full Bench judgment of this Court in the case of Braj Kishore Singh Vs State of Bihar. However, it was pointed out that the petitioner was out of service since 1986 and he had moved the Court after more than 10 years. In the circumstances, this Court did not feel inclined to allow the prayer of the petitioner for consideration of his case in the light of the said Full Bench - 2 - judgment. Accordingly, the writ application was disposed of by order dated 4.8.1997 directing the respondents that if the respondents intend to make regular appointment in future and if the petitioner applies in pursuant to such advertisement then they will consider the case of the petitioner for regular appointment in accordance with law. The case of the petitioner in the present writ application is that since the earlier orders of this Court, petitioner is waiting for an advertisement for appointment on sanctioned vacant post as per staffing pattern of Class-III or Class-IV posts, to enable him to apply for the same for consideration of his candidature for regular appointment afresh on merits. It is submitted that although clear cut sanctioned vacant posts as per staffing pattern are available in the college in question but the respondents, instead of advertising the posts inviting applications for regular appointment on the posts, have filled-up those posts by absorption/regularization of persons illegally working in the college. Two such persons, namely, respondent no. 5 and 6 were made party by the petitioner in this writ application. The stand of the respondents is that since - 3 - the petitioner was out of service, his case could not be considered for regularization or absorption, but since some persons have continued to work in the college on daily wages/ad hoc basis, their cases were considered for absorption/regularization. Considering the stand of the respondents, learned counsel for the petitioner submits that instead of pressing the application for cancellation of the appointment of respondent no. 5 and 6, he confines his prayer for a direction to the respondents to forthwith stop absorption/regularization on sanctioned vacant posts as per staffing pattern and advertise the vacancies inviting applications for direct appointment complying the requirements of Article 14 and 16. This Court feels that it is high time that the affair of absorption/regularization must stop in public service. In view of catena of decisions of the Hon’ble Supreme Court and by this Court, all available sanctioned vacant posts as per staffing pattern must be filled-up in consonance with the principles of Article 14 and 16 and not otherwise. Therefore, this Court directs the respondent no. 4, the Principal of J.D. Women’s college in respect of her college and the Vice-Chancellor and Registrar of - 4 - the University in respect of all Constituent Colleges under the control of University to forthwith stop all process of absorption or regularization of incumbents on sanctioned available vacancies on Class-III and Class-IV posts in all the Constituent Colleges, except in cases in which specific positive directions have been issued by any competent court of law for the purpose. The Vice-Chancellor shall immediately issue specific directions to Principals of all the Constituent Colleges under the control of the University to stop forthwith any process of regularization/absorption and inform the University with regard to available sanctioned vacancies of Class-III and Class-IV posts within a period of 15 days. After the University collects the information within 15 days with regard to sanctioned vacancies as per staffing pattern available in different colleges, it shall publish an advertisement in daily newspapers of State level within one month thereafter inviting applications for filling-up those posts on regular basis. Thereafter the process of selection in accordance with requirements of Article 14 and 16 and preparation of panel must be completed within two months from the last date of receipt of applications. The process of appointment on available sanctioned - 5 - vacancies as per staffing pattern of Class-III and Class-IV posts in all Constituent Colleges under the control of the University must be completed within six months from today. In case the petitioner applies against advertisement for any available sanctioned post as per staffing pattern in the college in question or in any other college, his case shall be considered on merits without taking into account the age bar. The writ application is accordingly disposed of. Let a copy of this order be handed over to Sri Rajendra Kumar Giri, learned counsel appearing for the Vice-Chancellor of the University for its onward communication to them for strict compliance. Arvind/ (J.N. Singh, J.)