IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3377 of 2002 1. BHARAT JHA, S/O LATE NISHAKANT JHA, R/O VILLAGE AND POLICE STATION-BENIPATTI, DISTRICT-MADHUBANI. 2. RAVINDRA JHA, S/O BAIDYANATH JHA, R/O VILLAGE-SARISAB, P.S. AND P.O.-BENIPATTI, DISTRICT-MADHUBANI. 3. ARUN KUMAR JHA, S/O LATE MAHESHWAR JHA, R/O VILLAGE-BALIA, P.O.-TISHI NARSAM, P.S.- BENIPATTI, DISTRICT-MADHUBANI. 4. DEO CHANDRA THAKUR, S/O RAJEDNRA THAKUR, R/O VILLAGE ATRAULI, P.O. DHUKJARI, P.S.- ARER, DISTRICT-MADHUBANI. 5. MANOJ KUMAR CHOUHDARY, S/O SHIV DATT CHOUHDARY, R/O VILLAGE-CHANPURA, P.O.- BASAITH, P.S.-BENIPATTI, DISTRICT-MADHUBANI. 6. ROHIT NARAYAN MISHRA, S/O RAMESHWAR MISHRA, R/O VILLAGE AND P.O. KANPUR, P.S.- BENIPATTI, DISTRICT-MADHUBANI. 7. KRISHNA CHANDRA LAL KARN, S/O DEO NARAIN LAL, R/O MOHANPUR, P.O. AND P.S.-HARLAKHI, DISTRICT-MADHUBANI. 8. SMT. REKHA JHA, W/O LATE CHANDRA KANT JHA, R/O VILLAGE AND P.O.-DHAKJARI, P.S.-ARER, DISTRICT MADHUBANI. 9. BAIDEHI SHARAN LAL, S/O SITA RAM LAL AT AND P.O.-BIRAULI, P.S.-BENIPATTI, DISTRICT- MADHUBANI. 10.PAWAN KUMAR JHA, S/O SILA KANT JHA, R/O VILLAGE BEHTA, P.O. AND P.S.-BENIPATTI, DISTRICT-MADHUBANI. 11.SITA KANT JHA, S/O GOPI KANT JHA, AT AND P.O. AND P.S. BENIPATTI, DISTRICT-MADHUBANI. 12.NARAYAN PASWAN, S/O BIKAN PASWAN, R/O VILLAGE DURGAULE, P.O.-MANPUR, P.S.- BENIPATTI, DISTRICT-MADHUBANI. 13.SUBHASH THAKUR, S/O NAGENDRA THAKUR OF UREN P.O. BANKATTA, P.S. BENIPATTI, DISTRICT- MADHUBANI. 14.RAM PRAVESH PRASAD PANDEY, S/O SHIV CHANDRIKA PD. PANDEY AT AND P.O. KHISAR, P.S. KHIRHER, DISTRICT-MADHUBANI. 15.DEVENDRA MAHTO, S/O SUKHDEO MAHTO AT AND P.S.-TYSTHA, P.S.-BENIPATTI, DISTRICT- MADHUBANI. 16.BIGHNESHWAR JHA, S/O GOVIND DEO JHA OF BEHTA P.O. AND P.S. BENIPATTI, DISTRICT- MADHUBANI. 17.JAGDA NAND JHA, S/O DIWAKAR JHA OF BEHTA P.O. AND P.S. BENIPATTI, DISTRICT-MADHUBANI. 2 18.SHANKAR KAMAT, S/O NAGESHWAR KAMAT, R/O VILLAGE BEHTA, P.O. AND P.S.-BENIPATTI, DISTRICT-MADHUBANI. 19.INDRADEO JHA, S/O ABHINANDAN JHA, OF AT AND P.O.-NAVKARHI, P.S.-ARER, DISTRICT- MADHUBANI. 20.SUJAN DEVI, W/O LATE DOMAN PASWAN OF AT AND P.O. BARHA, P.S. BENIPATTI, DISTRICT- MADHUBANI. 21.CHABI CHANDRA JHA, S/O CHANDRA NARAYAN JHA AT AND P.O. AND P.S. BENIPATTI, DISTRICT- MADHUBANI. 22.JIBACHHA JHA, S/O JAIDEO JHA OF AT AND P.O. BARHA, P.S.-ARER, DISTRICT-MADHUBANI. 23.DHANESHWAR THAKUR, S/O THAKUR THAKUR OF AT AND P.O. BARHA, P.S.-ARER, DISTRICT- MADHUBANI. 24.BISWARAN JHA, S/O BHOGENDRA JHA OF AT AND P.O. BARHA, P.S.-BENIPATTI, DISTRICT- MADHUBANI. 25.LALIT KUMAR CHOUDHARY, S/O BASISTH NARAYAN CHOUDHARY AT AND P.O.-LARIKA, P.S.-BENIPATTI, DISTRICT-MADHUBANI. 26.JIBACHHA YADAV, S/O JANAK YADAV, R/O VILLAGE SAMDA, P.O.-SHARUL, P.S.-BENIPATTI, DISTRICT-MADHUBANI. 27.RAMESH KUMAR JHA, S/O BIDYA NAND JHA, R/O VILLAGE BEHTA, P.O. AND P.S. BENIPATTI, DISTRICT-MADHUBANI. 28.SMT. RAMTARA DEVI, W/O LATE RAJ KUMAR MAHTO, R/O VILLAGE PAKRI, P.O.-BISHANPUR, P.S.-SAHERGHAT, DISTRICT-MADHUBANI. 29.SMT. PHOOL KUMARI DEVI, W/O LATE RAM AUTAR PASWAN, R/O VILLAGE-BETAUNI, P.O. AND P.S.- KHRHER, DISTRICT-MADHUBANI. 30.SHIV NARAYAN PRASAD, S/O RAM NANDAN PRASAD OF AT AND P.O. AND P.S.-KHRHER, DISTRICT- MADHUBANI. 31.BHARAT KUMAR JHA, S/O JAI KANT JHA OF VILLAGE AND P.O. KATAIYA, P.S.-BENIPATTI, DISTRICT-MADHUBANI. 32.RAM CHANDRA MARAR, S/O NIRDHAN MARAR, AT AND P.O. SALEMPUR, P.S.-SAHARGHAT, DISTRICT- MADHUBANI. 33.MAHADEV YADAV, S/O MAJHI YADAV, R/O MOHAHARPUR, P.O. BETA PARSA, P.S.-HARLAKHI, DISTRICT-MADHUBANI. 34.SHYAM SUNDER PRASAD, S/O BHAGWAT PRASAD OF AKHA, P.O.-SAHERGHAT, P.S.-MADHWAPUR, DISTRICT-MADHUBANI. 3 35.AMAR NATH CHOUDHARY, S/O SOBHA KANT CHOUDHARY, AT AND P.O.-LORIKA, P.S.- BENIPATTI, DISTRICT-MADHUBANI. 36. SMT. PHULTARA DEVI, W/O LATE JAI KISHOR SAH, AT AND P.O.-BERHA, P.S.-BENIPATTI, DISTRICT-MADHUBANI. ………………PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION, BIHAR, PATNA. 2. THE LALIT NARAYAN MITHILA UNIVERSITY, DARBHANGA THROUGH ITS VICE-CHANCELLOR, DARBHANGA. 3. THE VICE-CHANCELLOR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. 4. THE REGISTRAR, LALIT NARAYAN MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA. ………………RESPONDENTS. For the Petitioners : Mr. Chandra Mohan Jha, Adv. and Mr. Shailendra Kr. Jha, Adv. For the University : Mrs. Nivedita Nirvikar, Adv. ----------- 9 09.02.2010 Petitioners claim to be non-teaching employees of Kalidas Vidyapati Science College, Uchchaith, Benipatti, Madhubani. They had moved earlier to this Court for regularization of their services claiming that they were appointed by the Governing Body/Principal/Secretary of the College. The writ application was heard and this Court by order dated 9.5.1997, dismissed the writ applications with the following directions:- Having thus heard counsel for the petitioners in both the writ petitions and Mr. Azfar Hasan, counsel for the University, I dismiss CWJC No. 6145/1996 too, reiterating the 4 earlier directions given by this Court in CWJC No. 614/1982, that is to say, all the sanctioned posts must be filled up in a regular manner by issuing an advertisement and following a selection process. In case the petitioners apply in response to the advertisement, their case would also be considered along with others. In case any of the petitioners has become over age, he will be entitled to relaxation of age for the period he actually worked in the College. All the vacant sanctioned posts must be filled up in a regular manner as directed above within six months from the date of receipt/production of a copy of this order. Accordingly, University had published the advertisement. It is stand of the University that due to some defects the advertisement was published twice again and the last advertisement is annexed as Annexure-6 with the writ application which is dated 18.2.2002. Petitioners moved this Court again challenging the said advertisement on the ground that advertisement was published belatedly and, therefore, they were entitled for regularization. A supplementary affidavit has also been filed today in which a letter of the Government is annexed as Annexure-17 to show that the State Government made some query from 5 the Registrar of the University in respect of certain defects in the advertisement. It is an admitted position that the advertisement has been acted upon but the process of the selection has not been completed by the University. Learned counsel for the petitioners submits that all the petitioners have applied in response to the advertisement for consideration of their cases which has to be considered on merits after giving relaxation of age to them for the actual period they have worked in the College in terms of the directions of this Court as quoted above. Learned counsel for the University submits that, if this Court directs, the selection process initiated by the advertisement, as contained in Annexure-6, shall be completed within four months positively. She also assures this Court that, in case the petitioners have applied in response to the advertisement, their cases shall be considered in accordance with law giving them age relaxation as directed by this Court earlier. Therefore, this Court directs the 6 University to complete the process of appointment on vacant Class-III and IV posts in the College initiated by the issue of advertisement, as contained in Annexure-6, positively within four months. The cases of the petitioners shall also be considered, if they have applied in response to the advertisement, in accordance with law after giving them due relaxation of age. It is made clear that after four months from today no one on any class-III and IV post shall continue in the college who has not been appointed through this selection process or whose services are not absorbed in terms of specific orders of this Court or Apex Court or has not been held entitled for his absorption in terms of the Constitution Bench judgment passed in C.A. No. 6098 of 1997 (popularly known as Agrawal Commission case). It is made clear that if any incumbent on a Class-III or Class-IV post, who is not protected in terms as above, is paid his salary, the Vice-Chancellor shall be personally responsible for reimbursing the said amount to the University fund from his own pocket. 7 The writ application is disposed of with the above observations and directions. Arvind/ (J. N. Singh, J.)