IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7722 of 1993 Smt. Manorma Mishra wife of Dr S. S. Mishra, resident of Mohalla Pandey Tola, Narkatiaganj, Police Station Shikarpur, District West Champaran at present Lecturer in Economics in T.P.Verma College, Narkatiaganj, District West Champaran at Bettiah. . . . . . . . Petitioner Versus 1. The Chancellor, the Universities of Bihar, Raj Bhawan, Patna. 2. The Vice Chancellor, Bihar University, Muzaffarpur. 3. The Bihar University, Muzaffarpur through its Registrar. 4. The Registrar, Bihar University, Muzaffarpur. 5. The Professor Incharge, T.P. Verma College, Narkatiaganj, District West Champaran at Bettiah. 6. Shri A.K.Mishra, Lecturer in Economics, T.P. Verma College, Narkatiaganj, District West Champaran at Bettiah. . . . . . . Respondents. For the Petitioner : Mr. Jay Prakash Singh, Advocate For B.R.A. Bihar University : Mr. Ajay BEhari Sinha, Advocate For the State : Mr. Syed Arshad Alam, SC-IV For Private respondent : Mr. Sanjay Kumar, Advocate ----------- 10/ 02.12.2010 Heard counsel for the parties. This writ petition is directed against the order dated 03.03.1993 (Annexure-18), whereby the petitioner’s representation for regularization of her service as a lecturer in Economics in T.P. Verma, College, Narkatiaganj, District West Champaran at Bettiah, and the consequential benefits on account of arrears of salary. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the State Government had taken the decision to make the college in question as constituent college on 01.10.1980. It was actually taken over as constituent College in March 1981. Soon after the decision was taken on 01.10.1980, the Managing Committee presided over by Dr. S.S. Mishra (the petitioner’s husband), the principal of the College, took the decision to appoint the petitioner as a lecturer in Economics against 3rd post. It appears to us that there was no sanction for the third post on 25.01.1981, and in fact sanction of the State Government was taken on 17.09.1982, in terms of Section 35 2 of the Bihar State Universities Act, 1976. The petitioner had joined on 02.01.1981, and had drawn salary for one month. Her salary was thereafter stopped under the orders of the Principal of the College, her husband. Soon thereafter, he was transferred to D.C. College, Hajipur, and the petitioner had accompanied her. She has been completely absent since 1983. It appears that, in the meantime, another person was appointed as per the prescribed procedure on the 3rd post of lecturer in Economics. The petitioner moved the Chancellor for the aforesaid reliefs, which has been rejected by the impugned order. It appears to us that the petitioner was appointed in a most illegal manner at a time when the College was under private hands, the 3rd post of lecturer in Economics was not available, and was appointed by a committee presided over by her husband. It further appears to us that the petitioner was not qualified to be so appointed. She has been continuously absent ever since July 1983, and never joined. After the appointment of the regular incumbent, the 3rd post was filled up. It is, therefore, not possible to grant any relief to the writ petitioner. It is indeed a frivolous writ petition and has burdened this Court with an unwanted matter. In the result, we do not find any merit in this writ petition. We entirely agree with the impugned order passed by the Chancellor of the Universities. The writ petition is dismissed. (S. K. Katriar, J.) Uday/ (Samarendra Pratap Singh, J.)