IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7819 of 2003 SYED RAZI HASAN son of Late Syed Mohammad Yunus, Lecturer, Department of Commerce, Pannu Lal Singh College, Jattichak, Masaurhi, District Patna, At present residing at Haider Villa, Sher Shah Road, P.O. Gulzarbagh, P.S. Alamganj, In the town and District of Patna. Versus 1. THE STATE OF BIHAR 2. The Chancellor of Universities of Bihar, Raj Bhawan, Patna. 3. The Magadh University, through its Vice Chancellor, Bodh Gaya. 4. The Vice Chancellor, Magadh University, Bodh Gaya. 5. The Registrar, Magadh University, Bodh Gaya. 6. The Ad-hoc Committee of Pannu Lal Singh College, Jattichak, Masaurhi, Patna, through its Secretary. 7. The Secretary, Pannu Lal Singh College, Jattichak, Masasurhi, Patna. 8. The Incharge Principal, Pannu Lal Singh College, Jattichak, Masaurhi, Patna. 9. The Bihar Intermediate Counci9l, through its Secretary, Patna. 10. The Secretary, Bihar Intermediate Council, Patna. 11. The Commissioner Cum Secretary (Higher Education) Department of Human Resources Development, Government of Bihar, Patna. 12. The Director, Department of Higher Education, Government of Bihar, Patna. 13. The Bihar College Service Commission, through its Chairman, Boring Canal Road, Patna. 14. The Chairman, The Bihar College Service Commission, Boring Canal Road, Patna. 15. The Secretary, Bihar College Service Commission, Boring Canal Road, Patna. 16. Shri Om Prakash Singh son of Shri Ram Jatan Singh, Lecturer, Department of Commerce, Pannulal Singh College, Jatti Chak, Masaurhi, Patna. with CWJC No.3705 of 2000 SYED RAZI HASAN son of Late Syed Mohammad Yunus, Lecturer, Department of Commerce, Pannu Lal Singh College, Jattichak, Masaurhi, District Patna, At present residing at Haider Villa, Sher Shah Road, P.O. Gulzarbagh, P.S. Alamganj, In the town and District Patna, Patna. Versus 1. THE STATE OF BIHAR 2. The Chancellor of Universities of Bihar, Raj Bhawan, Patna. 3. The Magadh University, through its vice Chancellor, Bodh Gaya. 4. The Vice Chancellor, Magadh University, Bodh Gaya. 5. The Registrar, Magadh University, Bodh Gaya, 6. The Inspector of Colleges, Arts and Commerce, Magadh University, Bodh Gaya. 7. The Secretary, Pannu Lal Singh College, Jattichak, Masaurhi, Patna. 8. The Principal, Pannu Lal Singh College, Jattichak, Masaurhi, Patna. 9. The Commissioner cum Secretary, Department of Human Resources and High Education, Government of Bihar, Patna. 10. The Director, Department of Higher Education, Government of Bihar, Patna. 2 11. The Bihar College Service Commission, through its Chairman, Boring Canal Road, Patna. 12. The Chairman, the Bihar College Service Commission, Boring Canal Road, Patna. 13. The Secretary, the Bihar College Service Commission, Boring Canal Road, Patna. 14. Shri Om Prakash Singh son of Shri Ram Jatan Singh, Lecturer, Department of Commerce, Punnu Lal Singh College, Jatti Chak, Masaurhi, P.S. Masaurhi, District Patna. ----------- 4 30.8.2010 Heard Mr. Shivajee Pandey, learned senior counsel appearing on behalf of the petitioner, Mr. Shivendra Kishore, learned counsel appearing on behalf of the Chancellor, Mr. Banbari Sharma, learned counsel for the Magadh University as also Mr. Zaki Haider, learned counsel for the State. First of the two writ petitions, C.W.J.C. No.3705 of 2000 was filed on 27.4.2000, wherein the petitioner has made prayer for the following relief:- “That this application is for grant of reliefs of issuance of appropriate writs, orders or directions quashing the decision of the Registrar, Magadh University, (Respondent no.5) vide letter under reference No.7/ 97- 873/ GIA dated 23.12.97, as contained in Annexure-13, for quashing of the decision of the Chancellor, (Respondent no.2) whereby and whereunder he has rejected petitioner’s claim/ representation dated 17.7.97 for his permanent absorption/ regularization of service vide letter under reference No. ISC/ 07/97/ 419/GIA dated 30.4.98 as contained in Annexure-15 purported to have been issued under the signature of the Registrar (Respondent no.5) and for quashing of decision of the Bihar College Service Commission (hereinafter referred to as Commission) dated 1.5.97 whereby name of private respondent Sri Om Prakash Singh has been sent for the first post of Commerce subject (Annexure-18) as well as to command the Respondent University to accord/ approve permanent absorption/ regularization of the petitioner’s service as Lecturer in the Department of Commerce, Pannu Lall Singh College, Masaurhi Patna (hereinafter referred to as P.L.S. College) on the first sanctioned 3 post of lecturer on which he has been working continuously and without any break since the date of his joining, i.e. 1.9.81 as Founder Teacher, and further issue a direction to the Commission (Respondent no.11) to accord/ approve/ grant concurrence to the petitioner’s service for the said post and for grant of any other consequential relief or reliefs to which the petitioner may be found entitled on the facts and in the circumstances of the present case.” As would be apparent, the aforesaid prayer was/is out and out a prayer for regularization of service of the petitioner in terms of the statutes framed by the Chancellor on 29.1.1986. During pendency of this writ application the Governing body of the affiliated college being the appointing authority of the petitioner by order dated 16.6.2003 had terminated the services of the petitioner and consequently the second writ application, C.W.J.C. No.7819 of 2003 was filed on 7.8.2003 wherein prayer made by the petitioner reads as follows:- “That this application is for grant of the relief/ reliefs of issuance of appropriate writ/ writs, order/orders and/or direction/ directions quashing thereby the impugned order of termination of petitioner’s service as Lecturer, Commerce Department vide a decision of the Adhoc Committee (Respondent no.6), purported to have been communicated under the signature of the Incharge Principal (Respondent no.8) vide letter No.49/D/ PLS dated 16.6.2003 with its copies to the concerned authorities mentioned therein as well as commanding the Respondents concerned authorities to re-instate the petitioner in service forth with as also to maintain the continuity of his service as Lecturer, Commerce Department unaffected by the impugned decision contained in the communication dated 16.6.2003 (Annexure-3) and to make payment of the entire arrear salaries and all other allowances admissible in law to the petitioner and to grant further relief/ reliefs to which he may be found entitled in law as well as on facts of this case.” 4 Normally, when a person seeking regularization of service is from removed from the post held the claim of regularization would automatically come to an end and will takes back seat till the order of termination remains valid. Thus once the services of the petitioner was terminated by the Governing body of the affiliated college such order cannot be made subject matter of a writ application as the Governing body is not state within the meaning of Article 12 of the Constitution. Reference in this connection may be made to the division bench judgment of this Court in the case of Chandra Nath Thakur Vs. The Bihar Sanskrit Shiksha Board reported in 1999(1) PLJR 529. Moreover, in terms of the statutes framed by the Chancellor governing service condition of the teaching employee of the affiliated college, there is a provision of appeal against the order of termination of service passed by the Governing body. The petitioner instead of availing such statutory alternative remedy has chosen to move this Court under writ jurisdiction instead of approaching a civil court. Under such circumstances, when this Court would also find that the issue with regard to regularization in terms of the statutes framed by the Chancellor is presently awaiting the authoritative pronouncement of the Full Bench in C.W.J.C. No.7550 of 2002 (Devanand Sharma Vs. The State of Bihar & Ors), this Court would give liberty to the petitioner to first avail the statutory alternative remedy against the order of his 5 termination by moving the Vice Chancellor of the University. In the event, order of termination of the petitioner is interfered with, the petitioner will have the same rights available for regularization of his service as may be decided by the Full Bench of this Court in the case of Devendra Sharma(supra). With the aforementioned observation both the writ applications are disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)