IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10537 of 2009 SURESH SHARMA S/O SRI BHAGWAT SHARMA,RESIDENT OF VILLAGE-MAKHADUMPUR, P.O. GOHARPUR, P.S. KOANCH, DISTT. GAYA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER- CUM-SECRETARY TO GOVT. PUBLIC HEALTH ENGINEERING DEPARTMENT BISHESHWARIAYA BHAWAN, BAILY ROAD, PATNA. 2. THE ENGINEER-IN-CHIEF CUM-SPECIAL SECRETARY, PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESHWARIAYA BHAWAN, BAILY ROAD, PATNA. 3. THE CHIEF ENGINEER (MECHANICAL) PUBLIC HEALTH ENGINEERING DEPARTMENT, BISHESHWARIAYA BHAWAN, BAILEY ROAD, PATNA. 4. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH ENGINEERING CIRCLE, PATNA. 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH ENGINEERING DIVISION, HILSA. ... ... RESPONDENTS. ----------- 2. 26.8.2009. Petitioner is aggrieved by the order No.39 dated 6.2.2007 (Annexure-4) where under his prayer for regularization has been rejected along with others on the ground that they do not possess qualification for the post on which they have to be regularized in the light of the resolution of the Government bearing Memo No.639 dated 16.3.2006. Few of those who were not found qualified for regularization under aforesaid order dated 6.2.2007 have since been regularized under order bearingMemo No.787 dated 26.10.2007 (Annexure-5) i.e. Sl.No.11 Md. Rafiquddin, Sl.No.37 Shri Nikhaldeo, Sl.No.4 Shri - 2 - N.H./ Yogendra Prasad, Sl.No.9 Shri Nagendra Prasad and Sl.No.50 Shri Syed Shah Hussain. Having heard learned counsel for the petitioner and the State, I direct the petitioner to assail the Order No.39 dated 6.2.2007 (Annexure-4) before the Principal Secretary of the Department as violative of Articles 14 and 16 in the light of subsequent regularization of similarly situate persons allowed order bearing no.787 dated 26.10.2007 (Annexure-5). The representation of the petitioner assailing the aforesaid order be considered by the Principal Secretary of the Department in accordance with law as early as possible in any case within two months from the date of receipt/production of a copy of this order. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)