IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.340 of 2010 1. SHIV KUMAR SINGH S/O LATE KANHAIYA SINGH R/O VILL.- SAHARI, P.O. SAHARI, P.S. BARH, DISTT. PATNA Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HIGHER EDUCATION, GOVT. OF BIHAR, PATNA 2. THE MAGADH UNIVERSITY BODH GAYA THROUGH THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA, DISTT.- GAYA 3. THE VICE CHANCELLOR MAGADH UNIVERSITY, BODH GAYA, GAYA 4. THE REGISTRAR MAGADH UNIVERSITY, BODH GAYA, GAYA 5. THE FINANCE OFFICER MAGADH UNIVERSITY, BODH GAYA, GAYA 6. THE PRINCIPAL A.N.S. COLLEGE, BARH, DISTT.- PATNA FOR THE PETITIONER : - DR. SANJAY KUMAR SINGH, ADVOCATE FOR THE UNIVERSITY : - MR. J.S. BURNWAL, ADVOCATE FOR THE STATE : - MR. R.C.P. BHARTI, ADVOCATE MR. MD. ALSAM ANSARI, ADVOCATE ----------- 02/ 11.05.2010 Heard counsel for the petitioner, the State and the Magadh University. Petitioner’s prayer is for quashing of the order dated 18.12.2007 issued by the Registrar, Magadh University, Bodh Gaya, whereby he has been terminated from his service stating that there is no requirement of his service in any College under Magadh University. This order was passed by the Registrar of the University, in the light of the direction of High Court in CWJC No. 12924 of 2006, earlier filed by the petitioner for a direction to the respondent-authorities of the University, to regularize his services on the post he is working since long. The writ application was disposed of giving direction to the petitioner - 2 - to file representation before the Registrar, and the same was to be considered and disposed off by the Registrar of the University within the specified time. Counsel for the petitioner submits that the Registrar of the University should have considered, petitioner’s claim for regularization in a similar manner, as it was done in the case of Shiromani Devi, similarly situated employee, who had moved before this Court in CWJC No. 16566 of 2008. The writ application was filed by Shiromani Devi, for a direction to regularise her service on the post lying vacant, on superannuation of one of the employees. Shiromani Devi had prayed regularization, since the date of initial appointment and for payment of salary in the revised scale with effect from the date of regularization. This writ application was disposed of giving direction to the Respondents to advertise all sanctioned vacant posts, in case petitioner also appears for regular appointment, priority should be given to her in terms of experience, and the provision under the statute. Petitioner’s case is that he was appointed as daily wager Guard at A.N.S. College, Barh on 4.6.1987. Later on - 3 - he was allowed to work as Laboratory Boy, with effect from 20.2.1990 against the sanctioned post, which has fallen vacant due to retirement of Sri Chandrika Singh. Petitioner’s case is that the post is still lying vacant and the petitioner is working regularly against that post. On account of impugned order passed by the Registrar, he has been terminated from the service. The Respondent Registrar, rejected petitioner’s claim for regularization, overlooking the statutory provision. Petitioner’s prayer is that his case be disposed of, in similar terms, as it was done in the similarly situated persons, in CWJC No. 16566 of 2008. The authorities of the University are directed to consider the cases of petitioner and all similarly situated persons as per the direction in the Full Bench Judgment in case of Braj Kishore Singh Vs. The State of Bihar & Ors. All available sanctioned vacancies of Class III and Class IV should be calculated and the post be advertised, in the daily newspaper, within 15 days of the collection of such information. The process of selection be completed within two months from the last date of receipt of applications. The appointments be made on all available - 4 - Class III and Class IV posts on staffing pattern in all constituent colleges under the control of the University. The entire selection processes must be completed within six months from the date of the order. In case the petitioner applies against the advertisement, for any available sanctioned post, as per staffing pattern of the college in question or any other college, his case shall be considered on merit without taking into account the age bar. Permission must be given to the petitioner for participating in process of selection, he has worked on the sanctioned post since 1990. This opportunity shall be given to the petitioner in the manner as given to the petitioner of CWJC No. 16566 of 2008. Similar directions are being issued to the respondent authorities, in case of the petitioner also. It seems that till date, advertisement has not been published, in relation to all vacancies, according to staffing pattern. If it has not been done till date, the respondent- authorities of the University are directed to initiate the process for regular appointment within eight weeks from today. Process of appointment be completed as per the direction of this Court. The petitioner and other similarly - 5 - situated persons shall be given benefit of their past experience as per the statute 3 relating to appointment. This application is disposed of. DKS/ (Mridula Mishra, J.)