IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14130 of 2008 Kuwar Jee, Son of Late Ram Saran Prayag Mehta, resident of village Patepur Gopinath, P.O. Dighra, P.S. Pusa, District Samastipur……………………………………………….……………………Petitioner Versus 1. The State Of Bihar through the Secretary, Higher Education, Government of Bihar, Patna. 2. Rajendra Agriculture University, Bihar, Pusa, Samastipur through the Registrar, Rajendra Agriculture University, Pusa, Samastipur. 3. Rajendra Agriculture University, Pusa, Samastipur. 4. The Vice Chancellor, Rajendra Agriculture University, Bihar, Pusa, Samastipur. 5. The Registrar, Rajendra Agriculture University, Bihar, Pusa, Samastipur. 6. The Head of the Department of Agronomy, Rajendra Agriculture University, Bihar, Pusa, Samastipur. 7. The Comptroller, Rajendra Agriculture University, Pusa, Samastipur……………………Respondents ---------------- 3 12.09.2011 Heard learned counsel for the petitioner as well as learned counsel for the respondents. Pursuant to the order of the Apex Court dated 18.02.1998 passed in Special Leave Petition (Civil) No.18594 of 1994 and other analogous cases, the University started the exercise for filling up all the vacant posts of Class III and IV on regular basis as per the scheme laid down by the Apex Court. In the process, they issued Advertisement no.3/99 and thereafter Advertisement no.1/99. Petitioner applied 2 for regular appointment against the post of Cartographer, a class III post. However, the process could not be completed by the University because of various reasons. Thereafter the advertisements were cancelled and they issued a fresh Advertisement, no.5/2008. Learned counsel for the University submits that under the orders of a Division Bench of this Court, process has started for filling up posts on regular basis in terms of the order of the Apex Court. He submits that the University has taken a decision that those, who had applied earlier, need not apply afresh. Since their cases had not been considered earlier and process for appointment was abandoned half- way, candidates who had applied earlier also may get relaxation of age in case they are over-age. It is not disputed that petitioner was a daily-rated worker in the University working from before and, as per scheme drawn by the Apex Court, he had a right to be considered. In the circumstances, the writ 3 application is disposed of with a direction to the University to consider case of the petitioner in accordance with law in the process of filling up of available vacant posts on regular basis. In terms of the scheme of the Apex Court and under the orders of the Division Bench of this Court, if the petitioner is found eligible in all other respects, he shall be given age relaxation. Since the order was passed by the Apex Court as far back as in 1998, all the concerned including the authorities of the State Government must expedite the matter and see to it that the same is complied with in full and the process is complete as expeditiously as possible. BT (J. N. Singh, J.)