IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No. 391 of 2009 MRS. RANJANA SINHA, WIFE OF DR. ABHAY KUMAR SINGH, LECTURER, DEPARTMENT OF SOCIOLOGY, NITISHWAR COLLEGE, MUZAFFARPUR, P.S. & DISTRICT – MUZAFFARPUR ………………….. PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA 2. THE CHANCELLOR, DR. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, RAJ BHAWAN, PATNA 3. DR. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR THROUGH ITS REGISTRAR, MUZAFFARPUR 4. THE VICE CHANCELLOR, DR. BABA SAHEB BHIMRAO AMBEDKAR BIHAR UNIVERSITY, MUZAFFARPUR 5. DR. NAWAL KISHORE, PRINCIPAL OF NITISHWAR COLLEGE, MUZAFFARPUR. ……………….. RESPONDENTS ---------------------------------- For the petitioner: Mr. Rajendra Prasad Singh, Sr. Adv. Mr. Onkar Kumar, Adv. Mr. Navjot Yeshu, Adv. For the State: Mr. Fakhruddin Ali Ahmad, AC to SC-II For the University: Mr. Rajendra Kumar Giri, Adv. ********** 08. 11.08.2011 Heard learned Counsel for the petitioner and the State, as well as the counsel, representing B.R.A. Bihar University, Muzaffarpur. This is the third time, when the petitioner has been compelled by the University and the State, collectively, for filing a Writ Application before this Court for similar relief, though with regard to the relief, which has been prayed by the petitioner in the present Writ Application, direction had already 2 been issued by this Court in C.W.J.C. No. 8804 of 1997. On earlier occasion also, petitioner, who is working as Lecturer in the Department of Sociology, Nitishwar College, Muzaffarpur had come before this Court for a direction to the Respondent, B.R.A. Bihar University, Muzaffarpur to regularize her service on the third post of Lecturer, on which she is working since 1981. Since, Sociology is one of the subjects in the College, in question, in which Honours level education is being imparted by this College, as such, as per the resolution of the Higher Education Department, Government of Bihar, Patna, three posts of Lecturer in the subject is required to be sanctioned. However, there were only two posts and the third post against which the petitioner was working after the Honours was introduced in the College in Sociology Department, has not been sanctioned. Petitioner represented before all authorities, filed Writ Applications, but nothing was done. Initially in C.W.J.C. No. 8804 of 1997, a direction was issued to the State Government to consider the case of Nitishwar College, Muzaffarpur and if it transpires that teaching of Sociology 3 Honours is being imparted in the said College and the students are appearing, then appropriate order for creation of the said third post should be passed in view of the policy decision. Once the post is created, it is incumbent upon the authorities of the University to consider the case of regularization of the service of the petitioner, if she is continuing in service of the said College. Despite this order, nothing was done. However, it seems that the University sent a requisition to the State Government for creation of the post and this matter remained pending before the Higher Education Department, Government of Bihar. The petitioner being desperate for regularization of her service, was made a prayer for shifting of her service to such College, where there is an additional vacant sanctioned post, but even that was not done. In paragraph 10 of the Writ Application, petitioner has given reference of several such cases, wherein the Lecturers in different Departments are being shifted to other Colleges, from non-sanctioned posts to sanctioned posts. Finally, the Syndicate took a resolution for shifting of an additional sanctioned post from the Department of Bangla to the 4 Sociology Department of this College and for concurrence of this resolution, a requisition was sent to the State Government. The State Government gave concurrence so far the shifting of sanctioned post from Bangla Department to Sociology Department is concerned, but a word “Srijan” was written in the letter that additional post is being created and appointment against that post should be made as per section 58 of the University Act. Now, as per the interpretation of the University in stead of regularizing the services of petitioner against that post, they will take steps for fresh appointment as provided under section 58 of the University Act. Counter Affidavit has been filed on behalf of the State, denying the interpretation made by the University. The stand of the State is that, it is not a newly created post, rather it is a post sanctioned to the Bangla Department right from 1981 and as per the resolution of the Syndicate, now it is being shifted to the Sociology Department. This is well within the jurisdiction of the University to take decision for appointment / regularization, as the State is not going to be burdened with any 5 additional financial liability, so far this post is concerned. I fail to understand that why the University is feeling hesitation in regularizing services of the petitioner against the post, which has been shifted from Bangal Department to Sociology Department, in view of the Order, passed in earlier Writ Application. It is not the case of the petitioner that additional post be created. Resolution had been taken by the Syndicate for shifting of additional post from Bangla Department to Sociology Department and concurrence has been given by the State for shifting of the post for making fresh appointment. Admittedly, the petitioner is working since 1981 and students are also appearing in this College for Sociology Honours. The Government‟s own policy decision is there that Colleges in which Honours classes are being conducted by the College, the third sanctioned post is required to be created in such Department. In favour of the petitioner, direction of this Court has already been given for regularization, once that post, is either sanctioned or created by shifting in that 6 Department, service of petitioner has to be regularized against that post, in order to comply the direction of High Court in earlier Writ Application. Considering the submission made in the Counter Affidavit of the State, I do not find that University can have any hesitation in regularizing the petitioner, the reference of section 58 as mentioned in the letter issued by the State is concerned, in terms of Annexure – 27 A, that should be ignored and the petitioner be regularized against the post shifted to the Department of Sociology from Bangla with effect from the date she is working on the post. Petitioner has prayed for quashing of the Resolution No. 14 contained in letter, dated 25.10.2008 of Syndicate of B.R.A. Bihar University, Muzaffarpur and also the order dated 15.03.2003 (Annexure – 27 A), issued by the State Government. I find that only that part of these two orders are required to be quashed where „word fresh appointment‟ is mentioned and that is being quashed. Otherwise, these orders relate to regularization of petitioner‟s service in the light of 7 order passed in C.W.J.C. No. 8804 of 1997 and that must be complied. SKM (Mridula Mishra, J.)