IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6625 of 2004 BINOD KUMAR, S/O LATE BAZIR GOPE, RESIDENT OF- KANKARBAGH, GATE NO. 15, P.S. PATRAKAR NAGAR, DIST.PATNA. ……….PETITIONER. Versus 1. THE STATE OF BIHAR, REPRESENTED THROUGH SECRETARY, GOVT. OF BIHAR, OLD SECRETARIATE BUILDING, BAILY ROAD, PATNA. 2. VICE-CHANCELLOR, PATNA UNIVERSITY, ASHOK RAJPATH, PATNA-800005. 3. DIRECTOR OF DISTANCE EDUCATION, PATNA UNIVERSITY, PATNA. 4. UNIVERSITY EMPLOYEES ASSOCIATION, PATNA UNIVERSITY, PATNA. 5. ESTABLISHMENT OFFICER, PATNA UNIVERSITY, PATNA. 6. REGISTRAR, PATNA UNIVERSITY, PATNA. …………RESPONDENTS. ----------- 04/ 22.11.2010 Having heard counsel for the petitioner and counsel for the State as also the Patna University, as with regard to solitary relief for regularization on the post of driver in Patna University (hereinafter referred to as the University) this Court is of the considered opinion that the prayer of the petitioner for straightway regularizing him in service on the ground that he was engaged on master roll and daily wages w.e.f 20.01.1998, in pursuance of an alleged noting dated 16.08.1995 in the concerned file cannot be allowed. The regularization of service is permissible in law only of such persons whose initial appointment 2 has been made after undergoing the prescribed procedure. Here, it is an admitted fact that when the petitioner was engaged on daily wages for driving vehicles of the University, and subsequently when his such daily wage payment was converted to fixed amount of remuneration, in either of the mode of his engagement the minimum requirement of Articles 14 and 16 of the Constitution of India was not followed inasmuch as neither the post was advertised nor there was any selection. Thus, the petitioner has been engaged and kept continued in service only as a back door entrant. True it is, that the petitioner has been continuing in service for last 15 years but then whenever a question would be raised for his being taken into permanent establishment of the University by way of regularizing his service, the prescribed procedure of selection for appointment on the post of driver has to be strictly adhered to. This is how, the respondents also in paragraph no. 12 of their counter affidavit, filed on 17.03.2005 have explained that they intend to fill up the vacant post of driver from amongst the daily wagers includes the writ petitioner working on daily wage basis, which being relevant is quoted hereinbelow: “That it is also pertinent to mention 3 here that as per order dated 24.8.04 of this Hon’ble Court in MJC No. 1741/02 Deepak Kumar V/s State the vacant post of Class III and Class IV are being advertised by the University in which the daily wages employees will be given age relaxation. So, petitioner can also apply and he will be given the age relaxation like other daily wages employees.” from the aforesaid stand of the respondents, in fact it is quite clear after having taken into consideration the observations and directions contained in the judgment of the Apex Court in the case of Secretary State of Karnataka vs Uma Devi reported in 2006 Vol-4 SCC Page-1, they have taken a conscious decision to consider the case of the petitioner and similarly stated person. This Court would however, find that a period of 5 years has already elapsed since, the date on which such counter affidavit was filed. The submission of the learned counsel for the petitioner is that the case of the petitioner for being appointed on the post of driver in the manner as suggested in paragraph-12 of the counter affidavit has not been considered as yet. That being so, this court would call upon the respondents to abide by their own commitment made in paragraph-12 of the counter affidavit as quoted 4 above within a period of 6 months from the date of receipt/production of a copy of this order. With the aforementioned observations this writ application is disposed off. Ranjan (Mihir Kumar Jha, J.)