IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9269 of 1997 MD.JUNAID s/o Md. Shoaib resident of Mohalla Gulistan Building Jamun Gali, Sabzibagh, Patna-4. Versus 1.THE STATE OF BIHAR 2.The Director in Chief Health Services, Govt. of Bihar, New Secretariat, Patna. 3.The Principal Patna Medical College, Patna. ----------- 6 27.7.2010 No one appears for the petitioner. Counsel for the State is present. In this writ application prayer for regularization of services of the petitioner as Physical Instructor in Patna Medical college, can not be allowed in view of the stand taken by the respondents in paragraph no.4 of the counter affidavit which reads as follows:- “That it is submitted that the petitioner was never appointed by the College authority. The fact of the case is that petitioner was engaged at the request of the students to look after the work of common room and sports and the then Principal of the College only permitted him to work in the college premises being the administrative head. It is relevant to mention here that the petitioner was never appointed by the competent authority and till today no appointment letter was issued. He was never paid by the Government fund, the remuneration was paid from the private athletic fund raised from the students. The remuneration was stopped from July 1997 because the petitioner did not turn up on aforesaid work.” From the aforementioned stand of the respondent it would be clear that such engagement of the petitioner dehorse the Rules could have given him no benefit of regularization of service. Reference in this connection may be made to the judgment of the Apex Court in the case of „Secretary, State of Karnataka Vs. 2 Uma Devi’ reported in 2006 (4) S.C.C. 1 and also in the case of „State of Bihar Vs. Upendra Narayan Singh & Ors.‟ reported in 2009 (5) S.C.C. 65. The respondents have in paragraph 9 of the counter affidavit also made it clear that the case of respondent no. 4 was quite distinguishable and in that respect paragraph 9 of the counter affidavit is quoted hereinbelow:- “That with regard to the statements made in paragraph no.6 of the writ petition under reply it is stated that vide memo no.855 (22) dated 28.6.97 respondent no.4 was transferred as Physical training Instructor from Patliputra Medical College, Dhanbad to Patna Medical college, Patna since the post of Physical training instructor is not available in Patna Medical College, the matter was referred to the Director-in-Chief, Health Services, Government of Bihar vide letter no.1204 dated 2.7.1997 for confirmation and necessary guidance.” Considering the aforementioned stand of the respondents which remains uncontroverted despite service of copy of the counter affidavit on the counsel for the petitioner way back on 23.3.1999, this Court will have no hesitation in holding that there is no merit in this application. That being so, this application is wholly misconceived and is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)