IN THE HIGH COURT OF JUDICATURE AT PATNA -=- LPA No.563 of 2008 --- 1. SATYA PRAKASH S/O LATE BABULAL DAS, PRESENTLY POSTED AS ASSISTANT IN BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDDHA MARG, PATNA 2. AMAR NATH DAS S/O LATE RAM SWARATH DAS, PRESENTLY POSTED AS ROUTINE CLERK IN BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDDHA MARG, PATAN 3. JAGLAL RAM S/O SHRI RAM AUTAR RAM, PRESENTLY POSTED AS PEON IN BIHAR INTERMEDIATE COUNCIL, BUDDHA MARG, PATAN Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER AND SECRETARY, SECONDARY EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDDHA MARG, PATNA THROUGH ITS SECRETARY. 4. THE CHAIRMAN, BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDDHA MARGE, PATNA 5. THE SECRETARY, BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDDHA MARGE, PATNA ---RESPONDENTS 1ST SET. 6. RAVI SHANKAR S/O RAM PRAVESH PASWAN, PRESENTLY POSTED AS ASSISTANT IN BIHAR INTERMEDIATE EDUCATION COUNCIL, BUDDHA MARGE, PATNA 7. BALBIR KUMAR S/O SHRI BINDESHAR BHAGAT, PRESENTLY POSTED AS ASSISTANT IN BIHAR INTERMEDIATE EUDCATION COUNCIL, BUDDHA MARG, PATNA ---PROFORMA RESPONDENTS 2ND SET. ----------- For the appellants: Mr. Pushkar Narain Shahi For the respondent nos.1 & 2 : Mr. A. Amanullah, SC - XVII --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 23rd September, 2008 We heard the counsel for the appellants. 2. The appellants’ claim for regularization of their service against substantive Class –III/IV post earmarked for Scheduled Caste 2 category appears to be misconceived as they do not seem to have entered the service after following the regular process for selection. Merely because they worked as daily wagers for years with the Bihar Intermediate Education Council, the length of their engagement as daily wagers, would not entitle them to regularization of their service as no public appointment is permissible de hors the recruitment rules. 3. Consideration of the matter by the single judge does not suffer from any legal infirmity. 4. Letters patent appeal is dismissed in limine. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/