IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15618 of 2006 JAYANT KUMAR SINGH, S/O LATE RAJENDRA PRASAD SINGH, R/O VILLAGE KAJHIYA, P.S. AKBARPUR, P.O. MAHESHDIH, DISTRICT NAWADAH. ……………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.BABA SAHEB BHIM RAO AMBEDKAR, BIHAR UNIVERSITY, MUZAFFARPUR, THROUGH ITS REGISTRAR. 3.THE VICE CHANCELLOR, BABA SAHEB BHIM RAO AMBEDKAR, BIHAR UNIVERSITY, MUZAFFARPUR. 4.THE REGISTRAR, BABA SAHEB BHIM RAO AMBEDKAR, BIHAR UNIVERSITY, MUZAFFARPUR. 5.THE COMMISSIONER CUM SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT(HIGHER EDUCATION), GOVERNMENT OF BIHAR, PATNA. ……………….RESPONDENTS. ----------- 03/ 15.07.2011 Heard counsel for the parties. It is strange that in the tussel going on in between the University and the State Government, it is the petitioner and some other persons like him working for last 29 years as a Laboratory Incharge in L.S College, Muzaffarpur, one of the premier institution not only of the B.R.A University, Muzaffarpur, but of this state have still been kept deprived of getting benefit of regular University service. The petitioner had been appointed by the competent Authority namely the Vice Chancellor u/s 10(vi) of the Bihar State University Act having power of appointment on class III post, but the bureaucrats sitting in the secretariat find it quite luxurious to keep the petitioner 2 on an endless trail of litigation. The respondents have rejected the case of regularization of the petitioner only on the ground that there is no sanctioned post of Laboratory Incharge in the department of Physics of L.s College. This Court is really amazed with such routine or callous approach of the Authorities of the State of Bihar. L.S college is definitely a constituent unit even prior to acceptance of the staffing pattern in terms of Bandhopadhyay Committee report by the State Government in the month of August 1981. Even for those colleges the post of non teaching employees were to be created on the basis of number of students. In L.S College, MUzaffarpur, at no point of time science faculty had zero number of students, so that there could be no post of Laboratory Incharge. In fact such dichotomy on the post of Laboratory Incharge in L.S. College stands exposed by the State Government’s own decision dated 07.03.2006, when they have regularized the services of Ravi Bhushan Prasad Verma as Laboratory Incharge in the Department of Chemistry in L.S College who had been appointed by the same appointment letter of the Vice- 3 Chancellor and who too had been continuing in service without getting the benefit of a regular employee until he had moved this court in C.W.J.C No. 8046 of 1997 and had got the order for consideration of his case. In any event, the order dated 07.03.2006 passed by the State Government will now leave nothing for speculation that the State Government has ultimately agreed to create a post of Laboratory Incharge in the department of Chemistry in L.S. College for Ravi Bhushan Prasad Verma and therefore, it has to also create a post in the department of Physics in L.S. College for the petitioner as has been done in the case of Ravi Bhushan Prasad Verma. Learned counsel for the University is correct that an a proposal in this regard duly approved by the syndicate has already been sent to the Government for creation of post of Laboratory Incharge in L.S College while University in its letter no. B/981 dated 09.05.2003 in continuation to the earlier similar requisition made from 1994 onwards. In that view of the matter, this Court would direct the respondent State of Bihar and its officials to regularize the service of the 4 petitioner in the same manner as it had done in the case of Ravi Bhushan Prasad Verma on the post of Laboratory Incharge in the department of Chemistry in L.S. College. Consequently the order in favour of the petitioner must be issued by the respondents for giving him the same benefit which has been given to Ravi Bhushan Prasad Verma. This exercise must be completed within a period of three months from the date of receipt/production of a copy of this order. In the result the application is allowed and the impugned order contained in Annexure-9 is hereby quashed and the Respondents are directed to do needful for regularizing the services of the petitioner. Ranjan (Mihir Kumar Jha, J)