IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3013 of 2007 1.Pawandeo Kumar son of Sri Jagdish Mahto, resident of Village Bishunpura, P.S.Pipra, District East Champaran(Motihari), at present working as Instructor (Welding) on daily wages basis, Mechanical Engineering Works shop, Muzaffarpur Institute of Technology, Muzaffarpur 2.Radheshyam Singh son of Sri Prabhu Singh, resident of village Khakhara, P.O. Ladaura Pakri P.S.Kurhni, District Muzaffarpur, at present Working as Instructor (Fitting shop/measurement) On daily wages basis, Mechanical Engineering work Shop, Muzaffarpur Institute of Technology, Muzaffarpur 3.Pramod Kumar son of Sri Laxman Bhagat, resident of Mohalla Lazmi Chowk, Brahmapura, P.O.M.I.T. P.S.Brahmapura, District Muzaffarpur, at present Working as Instructor (Carpentry) on daily wages Basis, Mechanical Engineering Work shop, Muzaffarpur Institute of Technology, Muzaffarpur 4.Murleedhar Tiwaree son of Sri Kaleshwar Tiwaree, resident of village Gosi Chapra, P.O.Koreya, District Saran (Chapra), at present working as Instructor (Heat and Engine Lab.) on daily wages Basis, Mechanical Engineering Work shop, Muzaffarpur Institute of Technology, Muzaffarpur 5.Radhesh Kumar son of Sri Nand Kishore Shukla, resident of village & P.O. Mastichak, District Saran (Chapra) at present working as Instructor (Turning shop) on daily wages basis, Mechanical Engineering work shop, Muzaffarpur Institute of Technology, Muzaffarpur 6.Bharat Ram son of Sri Dashrath Ram, resident of village & P.O. Chintamanpur, Via Damodarpur, P.S.Pipra, District East Champaran (Motihari) At present working as Instructor (Electronics Lab.), Mechanical Engineering Work shop, Muzaffarpur Institute of Technology, Muzaffarpur 7.Sunil Kumar son of Sri Bhuneshwar Prasad, resident of Mohalla Saluganj, P.O. & P.S. Biharsharif, District Nalanda, at present working As Clerk on daily wages basis in the office of Muzaffarpur Institute of Technology,Muzaffarpur ----petitioners Versus 1.The State of Bihar 2.Mr.Ajay Kumar, I.A.S., Secretary, Science and Technology Department, Government of Bihar,Patna 3.Dr.D.Prasad, Director, Science and Technology, 2 Government of Bihar, Patna 4.Dr.M.P.Jakharwal, Principal, Muzaffarpur Institute of Technology,Muzaffarpur—opp.parties ----------- 4. 15.9.2009 Pursuant to the direction of this Court the Director, Science and Technology, Bihar is personally present in Court along with the supplementary show cause. In the said supplementary show cause it is stated that the Principal of the institution/college is not the competent authority for making any type of appointment in the case of the petitioners and others. Apart from the same it is pointed out that the case of the petitioners was rejected by the Three Men Committee not only on the said ground but essentially on account of the fact that the petitioners had not completed ten years of service when the judgment of the Supreme Court in the case of Secretary, Government of Karnataka & others vs. Uma Devi : (2006) 4 SCC 1 was rendered in early 2006 and for the said reasons the Three Men Committee has held that the petitioners do not fulfil the parameters laid down by the Supreme Court in the said decision and rejected their claim. 3 In view of the aforesaid facts and circumstances, the contempt application cannot be proceeded with. It is, accordingly, dismissed. However, it will be open to the petitioners to challenge the decision of the Three Men Committee in appropriate proceedings. The personal appearance of the Director, Science and Technology, Bihar is dispensed with. (Ramesh Kumar Datta,J.) spal/