IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4838 of 2005 DR.ASHOKE KUMAR SINGH @ DR.PRI YADARSHI ASHOK. Versus THE STATE OF BIHAR & ORS . ----------- 6 11.5.2011 Heard counsel for the petitioner and the counsel appearing for the State. Prayer of the petitioner in this writ application is for a direction to the respondents to regularize him on the post of Principal in Bihar Institute of Silk and Textiles, Nathnagar, Bhagalpur, in the light of the direction issued in CWJC No. 5162 of 1999. Petitioner’s case is that since 27.11.1997 he is working as In-charge Principal of the Institute and possesses qualification for the post of Principal. Earlier for similar relief CWJC No. 5162 of 1999, had been filed by the petitioner which was disposed off and a direction was issued to the State authorities for taking decision to appoint regular Principal of the Institute in accordance with law. Six months’ time was allowed for completing process of up gradation of the Institute as well for appointment of regular Principal. On perusal of this order, it is apparent that no direction had been issued for regularization of the petitioner on the post of Principal of the Institute; 2 rather the state and its authorities were directed to complete the process of regular appointment. The process for regular appointment had earlier been initiated by publication of an advertisement, inviting applications for the post of Principal. Petitioner’s case is that he was recommended by the BPSC for appointment but the recommendation of the BPSC has pending for a long time. Finally, as it transpires from the order passed in CWJC No. 4636 of 1997, the recommendation of the BPSC made in the year 1993, lost its force. Petitioner had filed this writ application for a direction to revalidate the recommendation of the BPSC but the same was not allowed and the writ application was disposed off by rejecting the prayer of the petitioner regarding issuance of a direction to the BPSC to revalidate such recommendation. The reason was that more than four years had already been passed, and validity of recommendation already expired. During the pendency of the writ application, petitioner has filed I.A. No.8118 of 2010 for amending the prayer and several additional prayers have also been made through this Interlocutory application. The amended prayer is for quashing of the notification 3 vide memo No. 12 dated 2.1.2007, whereby one Ajay Kumar Mahto, functional Manager has been posted on the post of Principal of Bihar Institute of Silk and Textile, Nathnagar, Bhagalpur and to direct the respondents to appoint him on the post of Principal by way of regularization or promotion, as he has continuously worked as In-charge Principal since 1997 till 2005 and for taking suitable action against the respondents for not upgrading the Institute. So far second additional prayer is concerned, i.e. also the part of the main writ application and such direction regarding regularization cannot be issued in favour of the petitioner. So far quashing the appointment of Ajay Kumar, I find that the petitioner instead of making additional prayer in this writ application should have filed a fresh writ application. Third additional prayer made in interlocutory application was one of the prayers made by the petitioner in CWJC No. 5162 of 1999 and the same had been dismissed. Petitioner now cannot be allowed to pray for similar relief as it is. For the reasons stated above, I do not find any merit in this application. Accordingly, it is 4 dismissed. A. Kumar ( Mridula Mishra, J.)