IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4141 of 2009 Sanjay Kumar, son of Sri Kapildeo Prasad, resident of Mohalla Kumhrar Talab Par, P.S. Agamkuan, District Patna … Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 2. The Principal Secretary, Human Resources Development Department, Govt. of Bihar, Patna 3. The Vice Chancellor, L.N.Mithila University, Darbhanga 4. The Registrar, L.N. Mithila University, Darbhanga … Respondents ---------------------------------- 11. 21.11.2011 Heard counsel for the parties. The petitioner in this writ application has assailed an order passed by the Vice Chancellor of the University rejecting the prayer of his regularization in service on the ground that his initial appointment itself was irregular/ illegal and that such appointment in view of the judgment of the Apex Court in the case of Secretary, State of Karnataka & ors. vs. Uma Devi & ors., reported in (2006)4 SCC 1, was incapable of being regularized. Mr. Hemant Kumar Jha, learned counsel for the petitioner, has submitted that the petitioner’s appointment was made on daily wages as a Junior Engineer in the year 1991 and that by virtue of such appointment he had continued in service till 2007 and therefore, the petitioner having been allowed to continue in service of the University for a period of 16 years should not have been displaced especially when he did possess all the requisite qualification for the post of Junior Engineer. Mrs. Nivedita Nirvikar, learned counsel for the University on the other hand, would submit that the regularization 2 cannot be made the mode of appointment and that the post of Junior Engineer being the lowest feeder post of the Engineering wing of the University that has to be always filled up on the basis of publication of vacancy in a newspaper advertisement followed by selection process. She has also pointed out that an advertisement was for the post of Junior Engineer was issued in response whereof the petitioner also had filed his application and therefore, the petitioner at best could expect only consideration of his case against such an advertisement. In the considered opinion of this Court the illegal appointment of the petitioner by the Vice Chancellor on 1.8.1991 against a technical post without issuing an advertisement in newspaper and undergoing selection could not have been cured by an order of confirmation of his service. As a matter of fact the petitioner can also not claim regularization of his service, especially when he himself had filed his application for regular appointment against an advertisement of the post of Junior Engineer issued by the University in 1997. The petitioner himself claims to have appeared before the Selection Committee and has stated that his name was also included in a panel prepared pursuant to the aforementioned advertisement. There is, however, nothing on record as to why the said recommendation of the Selection Committee pursuant to an advertisement and selection process undergone was not completed. In that view of the matter the petitioner cannot claim for regularization of his service on the 3 basis of his earlier appointment in 1991 which being in teeth of Article 14 of the Constitution of India had confined no right to the petitioner. Considering the fact that the initial appointment of the petitioner was not only made on daily wages without following the prescribed procedure and that such post of Junior Engineer was advertised following the prescribed procedure and mandate of Articles 14 and 16 of the Constitution of India, this Court would direct the Vice Chancellor of the University to complete the process of selection and appointment in terms of the advertisement which was issued in the year 1997. Since the Selection Committee constituted for that advertisement did not include any technical expert, this Court would not find the justification of implementing that panel. The Vice Chancellor is not a technical expert and therefore, whenever a post of technical nature is to be filled up he has to take assistance someone having technical expertise by making him also a member of Selection Committee. Considering all these aspects and particularly the fact that the petitioner had continued in service of the University for the last 16 years, all that this Court would direct in the peculiar facts and circumstances, is that the Vice Chancellor of the University should re-advertise the post of Junior Engineer for recruitment from open market in which the petitioner shall also be given liberty to compete with others. The petitioner, however, will be given preference if he on merits is found to be equivalent with 4 any other candidate. This exercise must be completed by the University within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/