IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4592 of 2004 Victor Mark, son of Sri Michael Mark, resident of Mohalla- Albert Road, P.O.- Jamalpur P.S.- East Colony Thana, District=- Munger …………… Petitioner Versus 1.Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar 2.The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 3.The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 4.The Principal, J.R.S. College, Munger. 5.Smt.Basanti Singh, W/O name not known, presently posted as Assistant, S.M.College, Bhagalpur 6.Md.Shahwaj Ali Khan, son of name known, presently posted as Assistant, University Office, Bhagalpur 7.Devi Prasad Singh, son of name not known, presently posted as Assistant, S.S.V.College, Kahalgaon, District- Bhagalpur 8.Hira Prasad Singh, son of name not known, presently posted as Assistant, R.S.College, Tarapur, District- Munger. 9.Mukesh Kumar, son of name not known, presently posted as Assistant, R.D. and D.J.College, Munger. 10.Sanjeev Kumar, son of name not known, presently posted as Assistant T.N.B.College, Bhagalpur. 11.Dr.Anjana Rai, son of name not known, presently posted as Assistant, S.M.College, Bhagalpur 12.Shailesh Dutt Mishra, son of name not known, presently posted as Assistant, University Computer Centre, Bhagalpur 13.Md.Parwej son of name not known, presently posted as Assistant, Marwari College, Bhagalpur 14.Bijayendra Kumar Singh, son of name not known, presently posted as Assistant, K.K.M.College, Jamui …… Respondents. ----------- For the Petitioner : Mr.Raghvendra Sharan Pandey,Adv. For the University : Mr.A.K.Keshri,Adv. ----------- 5. 06/10/2009 Learned counsel for the University submits that after series of litigations in - 2 - this Court and upon indulgence by the Chancellor, list of 365 Class III and Class IV employees working in the University on daily wages has been approved by the State Government vide Letter No.46/96-425 dated 3.4.2007 for their regularization against vacant sanctioned post in the University and 365 incumbents have been regularized by the University consequent upon approval by the State Government. Learned counsel for the petitioner submits that although petitioner was much senior to many of the incumbents who have been regularized on the basis of such approval by the State Government, particularly, respondent nos.5 to 14 of general category, to which petitioner also belongs, but for no valid and cogent reasons case of the petitioner has been ignored for inclusion of his name in the list of Class III and Class IV employees working in the university sent to the State Government for its approval. This is a question of fact which requires to be examined by the University authorities. Learned counsel for the private respondents has no objection to the consideration of the case of the petitioner by - 3 - the Vice Chancellor of the University. Therefore, it will be advisable for the petitioner to file representation before the Vice Chancellor of the University pointing out to him the history of his appointment and service under the University in whatever capacity it may be and claiming that the persons appointed similarly, subsequent to the petitioner, have been regularized on the basis of approval of the State Government overlooking the claim of the petitioner. In case such a representation is filed by the petitioner within one month from today, the respondent Vice Chancellor shall examine the records in respect of the services of the petitioner vis-à-vis of those with regard to whom petitioner claims to be juniors to him in service. If after enquiry, respondent Vice Chancellor finds that the claim of the petitioner is correct and his case was ignored or overlooked by the University for no cogent reasons, he shall pass orders and recommend his name to the State Government for approval within three months of filing of the representation and after obtaining approval of the State Government, he shall pass order for regularization of the petitioner against next - 4 - available sanctioned vacant post. For the purpose of enquiry, if necessary, respondent Vice Chancellor may give personal hearing to the petitioner also. With the above observations and directions, this writ application is disposed of. Pradeep/ (J. N. Singh,J.)