1 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6502 of 2009 SANJAY KUMAR, SON OF SHRI RAM NARAIN MAHTO, C/O BISHWANATH YADAV, PROFESSOR LANE, DARIYAPUR GOLA, NALA ROAD, P.S. + P.O. KADAMKUAN, DISTRICT- PATNA ……………………. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. The Commissioner-cum-Secretary, Higher Education Department, Govt of Bihar, Patna. 3. Magadh University, Bodh Gaya through its Vice Chancellor. 4. The Registrar, Magadh University, Bodh Gaya. 5. The Principal, A.N. College, Patna. …………. Respondents. ----------- Counsel for the petitioner: Shri Teg Bahadur Singh Counsel for the Magadh university: Mr. Sarvesh Kr. Singh. Counsel for the State : Mr. Rajendra Jha, A.C. to S.C.VII 3. 18.01.2010 Heard the counsel for the petitioner and the counsel appearing for the state. Petitioner’s prayer is for a direction to the Vice Chancellor, Magadh University to allow him similar relief of regularization in service as it has been allowed to similarly situated persons appointed prior to 10.05.1986 working on daily wages basis. Petitioner’s case is that he was appointed as Laboratory Assistant in Chemistry Department of A.N. College, Patna on 03.02.1986. He continued to discharge his duties and the Principal of the college recommended his case for regularization which was lying vacant since 28.12.1991. The State Government vide Memo No. 989 dated 10.05.1991 has taken a policy decision to regularize services of all such non-teaching employees, appointed prior to 10.05.1986. In case of non-availability of the posts, they will 2 remain in service in staffing pattern and will be regularized when vacancy will occur in future. However, despite the recommendation of the Absorption Committee of the college, for regularization of such daily wages non-teaching employees prior to 05.10.1986, nothing was done. Some of the similarly situated persons finally came before this court and filed C.W.J.C. No. 9134 of 2006 for regularization of their service which was disposed of giving direction to the Vice Chancellor of the university to consider their claim for regularization and to pass an order in this regard. In the light of direction of this court, a Committee was constituted and cases of writ petitioners were considered for regularization and by order dated 12.06.2008 contained in Memo No. 173/GR, they were regularized with effect from the date of the order against the future vacancies. Petitioner’s case was not considered even though his claim was similar to the claim of those non-teaching employees who were regularized vide order contained in Annexure-8. This writ application is being disposed of giving direction to the Vice Chancellor and Registrar of Magadh University to consider petitioner’s case for regularization in the light of State Government’s decision dated 10.05.1991 contained in Memo No. 989 (Annexure-4) as well as the order passed in favour of the petitioners of C.W.J.C. No. 9134 of 2006 dated 12.06.2008 (Annexure-8) on production/communication of this order by the petitioner before the Registrar of the university. The case of the petitioner will be considered for regularization and necessary 3 orders will be passed within four weeks of the communication/production of the order. AKV/ (Mridula Mishra, J.)