IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2256 of 2008 ============================================= BHOLA PRASAD, S/O DURGA PRASAD, R/O MOHALLA-KARSILLI, DAKHIN DARWAZA, P.S.-CIVIL LINES, DISTRICT-GAYA. .... .... Petitioner/s Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE DIRECTOR, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE PRINCIPAL, ANUGRAH NARAYAN MEDICAL COLLEGE, GAYA, P.S.-MAGADH MEDICAL COLLEGE, DISTRICT-GAYA. .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. R.K.Sinha 2 For the Respondent/s : Mr. (Gp3) ============================================= 3 13-07-2011 As per the case of the petitioner, he was appointed only as Hostel Attendant on 18.09.1981 in a hostel of A. N. Magadh Medical College, Gaya. Later on, as per his case, he continued on daily wages. In April, 2002, he fell ill and, therefore, he became absent from duty for some time. When he recovered, he approached different authorities of the College for allowing him to work, but he did not get any response. Hence, he has moved this Court. In the counter affidavit, it is stated that the petitioner was not an employee of the College and he was engaged on purely private basis in the hostel and was being paid wages from the fund collected from the students only. From the facts it is clear that the petitioner was not formally appointed in the college. Moreover, admittedly, he continued only on daily wages only till May, 2002. Hence, no right accrues to the petitioner to be appointed or reinstated in the college in any capacity now. Any matter of regularization of an employee under the State or its instrumentalities can be done only in terms of the Constitution Bench judgment of the Apex Court in the case of Secretary, State of Karnataka Vs. Uma Devi (3) [2006(2) PLJR 363 (SC)]. The petitioner's case does not qualify for the same. However, if the petitioner approaches the respondents and they consider the matter of the petitioner on compassion, it is there concern. Arvind/ (Jayanandan Singh, J.)