IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1868 of 2008 1. Upendra Tiwary, S/o Late Nidhi Tiwary, resident of Village – Sonauli, P.S. Masarak, District Saran. 2. Vijay Prasad, S/o Shri Parma Prasad resident of Village Korarawan, P.O. Madarpur, P.S. Masarak, District Saran. 3. Rakesh Kumar, S/o Sri Ganeshdeo Singh resident of Village – Pakari, P.S. Masarak, District Saran 4. Dhruva Kumar Ojha, S/o Sri Awadhesh Ojha, Resident of Village Kolhuan, P.S. Baniapur, District Saran. 5. Rameshwar Mishra, S/o Late Sudama Mishra, resident of Village Bahuara, P.S. Serukahan, P.S. Masarak, District Saran. 6. Ram Gayan Rai, S/o Late Ramprit Rai, resident of Village Serukahan, P.S. Masarak, District Saran. 7. Tribhuwan Chaturbedi, S/o Dhrudeo Chaturbedi, resident of Village + P.O. + P.S. Ishapur, District Saran. 8. Shashi Bhushan Singh, S/o Surendra Prasad Singh, resident of Village Govindapur, P.O. Panch, Bhindha, P.S. Taraiya, District Saran. 9. Ajay Kumar, S/o Sri Prabhunath Singh, resident of Village Gawandri, P.S. Taraiya, District Sawan. 10. Sri Krishna Kuar, S/o Late Tej Narain Kuar, resident of Village Bangara Nadipar, P.O. Puchhari, P.S. Jalalpur, District Saran. 11. Awadhesh Kumar Pandit, S/o Paras Pandit resident of Village + P.O. + P.S. Beniapur, District Saran 12. Bishwanath Prasad Singh, S/o Musafir Singh resident of Village Kanhauli, P.S. Baniapur, District Saran. 13. Surendra Prasad Singh, S/o Late Laldeo Singh, resident of Village Dihkudaria, P.S. Masarakh, District Saran. 14. Jagal Sharma, S/o Sri Vakil Sharma, resident of Village Rampur Atauli, Police Station Isuapuri, District Saran. 15. Kiran Kumari, W/o Chandradeo Pandey, resident of Village Shambhu Chapra, P.S. Janta Bazar, District Saran 16. Hare Ram Kaushik, S/o Shiv Narayan Pandey, resident of Village Darhi Barhi, P.S. Baniapur, District Saran. 17. Shams Prawez, S/o Late Shamshul Husan, resident of Village Satua, P.S.Baniapur, District Saran. 2 18. Nitya Nand Mishra, S/o Late Dinesh Mishra, resident of Village Chandpur, P.S. Baniapur, District Saran. 19. Arbind Kumar Ojha,S/o Prabhunath Ojha, resident of Village Kolhuan, P.S. Baniapur, District Sran. 20. Ramjee Prasad Singh, S/o Sheojee Singh, resident of village + P.O. Nawada, P.S. Mashrakh, District Saran. 21. Sikandar Prasad Yadav, S/o Bhuneshwar Prasad, resident of Village + P.O. Usrikala, P.S. Ishuapur, District Saran 22. Rabindra Singh, S/o Late Sitam Singh, resident of Village Sherpur, P.S. Gaura, P.S. Maraurah, District Saran 23. Awdesh Kumar Tiwari, S/o Late Ashirbad Tiwari, Village Karh – Kudhria, P.S. Masarak, District Saran……………………………………………………………….Petitioners Versus 1. The State Of Bihar through Commissioner, Human Resources Development Department, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary, Human Resources Development Department, Government of Bihar, Patna. 3. The Director, Secondary Education, Government of Bihar, Patna. 4. The Collector, Saran, District Saran. 5. The District Education Officer, Saran, District Saran. 6. The Zila Parishad Saran through its Chairman. 7. The Chairman, Zila Parishad Saran, District Saran. 8. The Head Master, High School Kolhua, P.S. Baniapur, District Saran 9. The Head Master Mahanth Ram Swarup Das High School Bahuara Math, Siwan. 10. The Head Master, High School Bihithi, Sahabuddin, District Saran. 11. The Head Master, N.S. High School, Gawandri, District Saran. 12. The Head Master, M.D.H. High School, Kanhauli, District Saran 13. The Head Master, Lok Manya High School, Kundaria Raja Path, Saran 14. The Head Master, High School Gorhana, District Saran……………………………………………………………………….Respondents ----------- 3 27.09.2010 Heard learned senior counsel for the petitioners as well as learned counsel for 3 the State. 23 petitioners have filed this writ application for a direction to the respondents to consider their cases for regularization. The case of the petitioners is that in the nationalized High Schools of District Saran, due to paucity of hands, they were engaged by the Managing Committees to impart teaching on honorarium of Rs.1000/- (Rupees one thousand) per month in the year 2004. They continued as such for a few years. However, their honorarium was stopped as they were not regularly appointed teachers. It is submitted that in the background of teachers and students ratio, additional hands are required in the High Schools and the petitioners are well-qualified and have teaching experience, as they have taught in the Schools for over two years. Therefore, their case ought to have been considered by the respondents for their regularization. In view of the decision of the Constitution Bench in the case of Secretary, State of Karnataka & Ors. Versus Uma Devi(3) & Ors.[(2006) 4 Supreme Court Cases 1], it is 4 not open to this court to direct for regularization of any government servant having not been appointed after due advertisement and selection process, as per the constitutional mandate of Articles 14 and 16 of the Constitution of India. Therefore, so far as relief for regularization is concerned, this Court is unable to grant the petitioners the same. However, the writ application is disposed of with a direction to the respondents that as and when they initiate the process for regular appointment on sanctioned vacant posts of teachers in the High Schools of the district or anywhere else, they may consider the cases of the petitioners, in the light of the experience they had gained and if necessary, by granting relaxation in age as they may become overage by then. BT (J. N. Singh, J.)