LETTERS PATENT APPEAL No.269 of 2003 Against Judgment and order dated 7.2.2003, passed in CWJC No. 8376 of 2001, by Hon’ble Mr. Justice S N Jha. 1. SAHDEO RAUT, son of late Ram Kishun Raut 2. Lukho Mandal 3. Sahdeo Ram 4. Sri Kant Mishra 5. Raghunandan Mandal @ Raghu Mandal 6. Shyama Nand Jha 7. Naresh Mandal - All class IV employees working in the East Block Hostel, TNB College, Bhagalpur, District Bhagalpur 8. Jageshwar Mandal 9. Rajendra Jha 10. Fani Lal Mandal 11. Md. Jalil 12. Upendra Mandal 13. Krishna Mandal 14. Unit Prasad Singh 15. Lallu Mandal - All class IV employees working in West Block Bostel, T N B College, Bhagalpur, District Bhagalpur 16. Bijay Rai 17. Boudhi Rai 18. Kapil Dev Mandal 19. Rajendra Rajak 20. Shankar Mandal - All class IV employees working in UGC Hostel, TNB College, Bhagalpur, District Bhagalpur 21. Kailash Prasad Yadav 22. Jailash Singh 23. Bishundev Tatma 24. Pramod Kumar Ranjan - All class IV employees working in the Hostel of GB College, Naugachia, District Bhagalpur 25. Bhola Poddar 26. Umesh Malakar 27. Maheshwar Prasad Singh - All working as class IV employees in the General Hostel of Koshi College, Khagaria, District Khagaria ….Petitioners -Appellants Versus 1. The Tilkamanjhi Bhagalpur University, Bhagalpur through its Registrar 2. The Vice-Chancellor-cum-the Commissioner, Tilkamanjhi Bhagalpur University, Bhagalpur 3. The Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur 4. The Finance Officer, Tilkamanjhi Bhagalpur University, Bhagalpur 5. The Principal, TNB College, Bhagalpur 2 6. The State of Bihar through the Commissioner-cum- Secretary, Department of Finance, Government of Bihar, Patna 7. The Commissioner-cum-Secretary, Department of Higher Education, Government of Bihar, Patna 8. The Director, Department of Higher Education,Government of Bihar, Patna 9. The Principal, GB College, Naugachia,Distt.Bhagalpur 10. The Principal, Koshi College, Khagaria, Distt. Khagaria 11. The Dean of Students Welfare T M Bhagalpur University, Bhagalpur 12. The Deputy Registrar, Tilkamanjhi Bhagalpur University, Bhagalpur …….Respondents –Respondents With LPA No.271 oF 2003 PARMANAND SINGH & Others …….Appellants Versus THE TILKAMANJHI BHAGALPUR UNIVERSITY & OTHERS …..Respondents *********** Appearance For the Appellants : Mr. Purushottam Jha For the Respondents : Mr. A K Keshri For the State : Mr. A Amanulla, Govt. Advocate IX P R E S E N T THE HON'BLE MR. JUSTICE SUDHIR KUMAR KATRIAR THE HON'BLE MR. JUSTICE JAYANANDAN SINGH S K Katriar, J. The two appeals under clause 10 of the Letters Patent of the High Court of Judicature of Patna, have been preferred by the petitioners of CWJC No. 8376 of 2001 and CWJC No. 12500 of 2000, whereby the two writ petitions along with CWJC No.7802 of 2002, were disposed of by a learned single Judge of this Court by order dated 7.2.2003. It may incidentally be mentioned that the petitioners of CWJC No.7802 of 2002 had preferred LPA No.255 of 2003, which they had withdrawn by order dated 16.7.2010. The same is, therefore, not before us for our consideration. The two 3 appeals before us raise common issues of facts and law and are, therefore, being disposed of by a common order. 2. A brief statement of facts essential for the disposal of the two appeals may be indicated. The writ petitioners prayed for declaration that the petitioners are permanent/regular employees working on sanctioned/deemed sanctioned posts in Tilka Manjhi Bhagalpur University. The writ petitioners prayed for consequential relief of payment of their salary and arrears of salary. The petitioners claimed to have been working on class IV posts in different hostels of the University as Darwan and Ward Boys in the hostel. The State Government and the University submitted before the learned single Judge that the work of cleaning and gardening were outsourced from contract basis to ensure quality of service in effective manner. The hostel messes were run by private contractors who employed their own staff. Therefore, the State Government had sanctioned a total number of 43 posts for various jobs in the University and the hostels. In that view of the matter, the writ petitions were disposed of with the direction to regularize the service of the persons against the 43 sanctioned posts after fixing norms consistent with Articles 14 and 16 of the Constitution of India. This Court had also noted the grievance raised on behalf of the writ petitions that more persons were functioning, whereas only 43 posts had been sanctioned which may give rise to dispute amongst themselves regarding regularization/absorption. This Court expressed helplessness in granting any relief to the petitioners because of limitation of vacancies. 4 3. Learned counsel for the appellants assails the validity of the policy decision of the authorities, and upheld by the learned single Judge, that, prior to 1976, 134 sanctioned posts were available, whereas the authorities have reduced it to 43 posts, which is arbitrary. On the other hand, learned counsel for the respondents disputes the position and submits that 134 posts had never been sanctioned. 4. We entirely agree with the order of the learned single Judge. The question as to which work in the University and the hostels shall be entrusted to the contractor, or shall be outsourced, is entirely an administrative decision, which depends upon the policy decision. This Court finds it difficult to interfere with the same. Furthermore, determination of the work-force is entirely a managerial and executive function and it would normally be difficult for the Court to redetermine it. In that view of the matter, we agree with the view taken by the learned single Judge. 5. The appeals are dismissed. In the facts and circumstances of the case, there shall be no order as to costs. ( S K Katriar, J. ) ( Jayanandan Singh, J.) Patna High Court, Patna The 26th of July 2010 NAFR/mrl