IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9889 of 2007 PALAK DHARI MANDAL, son of late Budhu Mandal, Resident of Mohalla Masrat Khani ( Nath Nagar) P.O. Champaqnagar, P.S. Nathnagar, District Bhagalpur. Versus 1. THE STATE OF BIHAR 2. The Secretary Higher Education Department, Govt. of Bihar, Patna. 3. Tilka Manjhi Bhagalpur University, Bhagalpur, through its Registrar. 4. The Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur. 5. The Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur. 6. The Head of the P.G. Department of Botony, T.M. Bhagalpur University, Bhagalpur. ----------- 2 6.10.2010 Having heard counsel for the parties with regard to the following relief:- “That this is an application for issuance of appropriate writ (s)/ direction (s) directing the respondent University to take steps for regularization of service of the petitioner against vacant sanctioned Class IV. Post and to send recommendation in this regard to the Secretary, Higher Education Department, Govt. of Bihar. And further for issuance of appropriate writ (s) direction to the respondent State to approve the recommendation of service of the petitioner in view of letter no.3110 dt. 5.12.2005 of the Chancellor, Universities of Bihar. And further for payment of arrears of salary and current salary on regular scale with bank interest rate to the petitioner.” this Court is of the considered opinion that prayer for regularization of the petitioner can be only considered by the University, inasmuch as, the initial engagement of the petitioner by the head of the department as shown in Annexure-2 was definitely not in accordance with the provisions made in Bihar State Universities Act. If therefore the petitioner was allowed to continue in service with the benefit of payment of wages from any of fund of the University and ultimately the University had 2 considered the petitioner for fresh appointment along with similarly situated daily wages employees, the petitioner would be at least entitled to know reasons for his not being selected and appointed specially when he nourishes the grievance that some of junior to him have been so selected and appointed. Precisely speaking this is not the case for regularization of services of the petitioner, but to give the equal treatment to the petitioner as has been given to others and therefore the petitioner has also sought to assail such recruitment of some persons by filing I.A. No. 7826 of 2010. This aspect therefore in the first instance has to be gone into by the Vice Chancellor of the University who must take his necessary decision strictly in accordance with law. With the aforementioned observation this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)