IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14222 of 2007 Amal Kumar Yadav, S/o late Mahavir Yadav, resident of Village Dudhaila, P.O. Kukurdaura, P.S. Andhramath (Laukaha), Dist. Madhubani. ------- Petitioner Versus 1. B.N. Mandal University, Laloo Nagar, Madhepura through the Registrar. 2. Vice Chancellor B.N. Mandal University, Laloo Nagar, Madhepura. 3. Registrar, B.N. Mandal University, Laloo Nagar, Madhepura. 4. L.N. Mithila University, Kameshwar Nagar, Darbhanga through its Registrar. 5. Principal Nirmali College, Nirmali District Supaul. 6. The State of Bihar through the Secretary, Higher Education, H.R.D. Department, Patna. --------- Respondents ----------- 4 23.11.2011 Having heard learned counsel for the parties and taking into account that the regularization cannot be a mode of appointment, this Court, in relation to both prayer of the petitioner:- “1. That this is an application for issuance of a writ in the nature of mandamus and/or any other appropriate writ order or direction commanding the respondents to regularize the services of the petitioner as Physical Trained Instructor (in short R.T.I.) in Nirmali College, Nirmali (hereinafter referred to as the College) under B.N. Mandal University in terms of circular of the State government in the department of Human Resources of Development as contained in memo no.989 dated 10.5.91 and 2 to pay the petitioner full salary and other consequential benefits w.e.f. 10.8.1986 in accordance with law.” would give liberty to the petitioner to approach the Registrar of the University by filing a representation claiming regularization of service on the basis of his daily wage appointment. It is, however, made clear that the Registrar of the University will place the matter before the Vice Chancellor of the University for his final decision and the Vice Chancellor of the University will pass any order in this regard in keeping with the prescribed procedure and the requisite qualification for appointment on the post of PTI. Let it be made clear that this Court has not decided the claim of the petitioner and has simply remitted the matter to the University for taking a final decision strictly in accordance with law. This application is, accordingly, disposed of. Rsh (Mihir Kumar Jha, J.)