IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9971 of 1997 1. Ishwar Chandra Roy, Son of Sri Ram Bahadur Roy, Resident of Village Chandpura, P.S. raghopur, District Vaishali, at present, Gandhi Ashram, Town R.S. Hajipur, District Vaishali. 2. Amar Nath Singh, Son of Sri Chandradeo Pd. Singh, Resident of Village Bithauli, P.S. Bhagwanpur, District Vaishali. 3. Ramesh Kumar, Son of Sri Bindeshwwari Pd. Singh, Resident of Village Ramdauli, P.S. Bidupur Bazar, District Vaishali. --------- Petitioners Versus 1. The State of Bihar. 2. The Chancellor, Universities of Bihar, Raj Bhawan, Patna, Bihar. 3. The Vice-Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 4. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur. 5. The Principal Advisor, B.R. Ambedkar Bihar University, Muzaffarpur. 6. The Chairman, Bihar State Inter University Board, North Shrikrishnapuri, Patna. 7. The Secretary, Human Resources Development Department, Secretariat-II, Patna. 8. The Principal, Raj Narain College, P.S. Hajipur, District Vaishali. ------------- Respondents ----------- 6 05.08.2010 Heard Mr. Chitranjan Sinha, learned senior counsel for the petitioners and Mr. A.B. Sinha, learned counsel for the 2 B.R. Ambedkar Bihar University as also Mr. A.C. to S.C.19 for the State. With regard to the following prayer made in the writ application:- “1. That the present writ application is being filed for issuance of a writ in the nature of mandamus commanding the respondent- authorities to regularize the service of the petitioners working since 1982 as Laboratory Technician/In-charge in different departments of Raj Narain College, Hajipur with all consequential benefit of the post and also for payment of regular salary since the date of joining.” Mr. Sinha would submit that during pendency of this writ application much water has flown in the river and now the whole issue has become crystallized in terms of the recommendation made by the University in its letter dated 19.9.2007 to the Commissioner- cum-Principal Secretary of the Human Resource Development (Higher Education) Department, of the Government of Bihar for sanction of post of non-teaching employees of the different constituent colleges of the University. Mr. Singh would further submit that if the posts recommended by the University for the college 3 of the petitioners being R.N. College, Hazipur is sanctioned, there would be no difficulty in absorbing the services of the petitioners against those posts. At this stage, learned counsel for the State would submit that though a fresh recommendation has been made by the University by letter dated 19.9.2007 but so far the cases of the petitioners are concerned, there has already been an earlier decision of the Government rejecting the proposal of the University with regard to creation and sanction of post as per the staffing pattern. It is really unfortunate for this Court to now note that any and every argument is being advanced by the learned counsel for the State without taking into consideration the requirement of law. When the State has taken over the responsibility of running the higher education, it will have to make periodical assessment of the number of post as per the staffing pattern, inasmuch as, the number of students in each academic session become the relevant criteria for creation of 4 the posts in a Constituent College. The University, which has been given the task of running the higher education on behalf of the State, will have to, therefore, make periodical assessment and that is how, if the University has made a recommendation on 19.9.2007 vide annexure-33, the same cannot be brushed aside by the State on the ground that there was an earlier decision rejecting the case of the petitioners for being absorbed in the service of the college. In any event, even that decision will have to be taken by the State Government and it cannot be allowed to keep the proposal of the universities pending as has been done in this case for last three years ever since the aforementioned proposal dated 19.9.2007 was submitted by the Registrar of the University to the Commissioner-cum-Principal Secretary of the Higher Education Department. That being so, this Court would direct the respondent authority of the State Government to ensure that a final order is passed on the aforementioned proposal of the University dated 19.9.2007 as contained in 5 Annexure-33 within a period of six months from the date of receipt/production of a copy of this order. In order to expedite the whole issue, the petitioners are given liberty to file a compact representation enclosing a copy of the proposal of the University dated 19.9.2007 (Annexure-33) and the present order of this Court and the Respondent no. 7 is directed to dispose of the same after obtaining the orders of the State Government within a period of six months from the date of filing of such representation. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)