IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16566 of 2008 SMT. SHIROMANI DEVI Versus THE MAGADH UNIVERSITY & ORS 2. 26.11.2009 Heard the counsel for the petitioner and the counsel appearing for the university. Petitioner has prayed for a direction to the respondents-authorities of the university to regularize her service w.e.f. 01.02.2003 on the post which is lying vacant after superannuation of one, Shiv Pujan Prasad of class-IV employee. Petitioner has also prayed for grant of all consequential benefits with effect from the date of initial appointment, i.e. 13th June, 1984 and to make payment of salary in the revised scale from the date of regularization. Counsel appearing for Magadh University has placed reliance on an unreported decision passed in C.W.J.C. No. 7967 of 2001. In that case also, the petitioner’s prayer was for regularization in the light of Full Bench Judgment of this court in the case of Braj Kishore Singh Vs The State of Bihar & Ors. The finding recorded in this judgment is that all available sanctioned posts as per staffing pattern must be filled up in consonance with the Principles of Article 14 & 16 and not otherwise. The direction was issued to the university-authorities and the Principal of all constituent colleges to stop all process of absorption or regularization of sanctioned available vacant post of class-III & class-IV in the constituent colleges, except in - 2 - cases, in which specific positive directions have been issued by any competent court of law. For that purpose, Vice Chancellor of the university was also directed to issue specific direction to Principal of constituent colleges under the control of the university to stop any process of regularization or absorption. All available sanctioned vacancies of class-III & class-IV posts were directed to be informed to the university and the university, after collecting such information was directed to advertise the vacancies for appointment in daily newspapers within 15 days of collection of such information. The process of selection was directed to be completed within two months from the last date of the receipt of such applications. The appointments were directed to be made on all available class-III and IV post, on staffing pattern in all constituent colleges under the control of the university. The entire selection processes were directed to be completed by the university within six months from the date of order. It has also been observed in this order that in case the petitioner applies against the advertisement for any available sanctioned post as per staffing pattern in the college, in question or any other college, his/her case shall be considered on merit without taking into account the age bar. Counsel appearing for the petitioner has drawn my attention towards the university statutes relating to appointment where priority has to be given to such employees who have worked against the sanctioned post for two years and possess - 3 - requisite qualifications prescribed for the post, in case of such employees, if they have worked satisfactorily, he/she should be considered in the first instance for substantive appointment in the permanent. Petitioners are claiming to have worked for several years against the sanctioned post. As per the direction of this court, the Vice Chancellor of the university will initiate process for regular appointment against all sanctioned vacant post of class-III & class-IV. In case the petitioner applies for the post, he should be given benefit of his past experience as per the statute 3 relating to appointment. This writ application is being disposed of. Akv/ (Mridula Mishra, J.)