IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11368 of 2007 Manoj Kumar, son of late Basudev Prasad, resident of Road No.14, Sri Krishna Nagar, P.S. Budha Colony, District Patna … Petitioner Versus 1. The State Of Bihar 2. The Secretary, Human Resources Development (Higher Education) Department, Patna, Bihar 3. The Deputy Secretary, Human Resources Development (Higher Education) Department, Patna, Bihar 4. Director, Human Resources Development (Higher Education) Department, Patna, Bihar 5. The Vice Chancellor, Magadh University, Bodh Gaya, Bihar 6. The Principal, Anugrah Narayan College, Patna 7. The Head of Department, Sociology, Anugrah Narayan College, Patna … Respondents ---------------------------------- 2. 8.11.2011 Heard counsel for the parties. The petitioner in this writ application seeks a direction to the respondents for considering his case for absorption on the post of Demonstrator in the Department of Sociology on a ground that initially when he was appointed as a Laboratory In- charge in the Department of Chemistry of Anugrah Narayan College, Patna (hereinafter referred to as ‘the College’) on 11.1.1985 he could not be absorbed on the Demonstrator on account of his health problem and his poor eye sight in particular inasmuch as he was advised not to come in contact of chemicals. It has been therefore explained that the petitioner had changed his discipline from the field of Chemistry, in which he had done Intermediate in Science, to the field of Arts by completing Graduation and Post Graduation in the subject of Sociology. The petitioner is thus of the view that since there is some practical work also done in the subject of Sociology, the State Government 2 and the University should consider his case for creation of a post of Demonstrator in the subject and absorb his service against the said post. The terse answer to the aforementioned pleas of the petitioner as highlighted by his counsel in the counter affidavit is one of denial wherein it has been asserted by the University that there is no sanctioned post of Demonstrator in the subject of Sociology and as such, the petitioner’s services cannot be absorbed unless the State Government creates any post suitable for absorption of the petitioner in the rank of Demonstrator. It is a hard case inasmuch as the petitioner was duly qualified for holding the post of Laboratory In-charge in the subject of Chemistry. He had also his full career open and if he could have done B.Sc. with subject of Chemistry he could have been possibly also absorbed on the post of Demonstrator, inasmuch as the post of Laboratory In-charge were ultimately abolished and the persons working on these posts were absorbed on the post of Demonstrator. In fact had the petitioner also continued as a Demonstrator, and become Post Graduate in Chemistry he could have also been eligible for the post of Lecturer in the department of Chemistry, inasmuch as the Government following the direction of the Apex Court has also converted all the post of Demonstrator in Science subjects as posts of Lecturer. All these, however, were in the realm of speculation and possibility only if the petitioner could have completed his Graduation and Post Graduation in Science with Chemistry as his 3 main subject. As noted above, his physical condition and particularly his ailment in eye as detected by Sankara Nethralaya, Chennai did not permit him to continue in Science subject. The petitioner now is a Post Graduate in Sociology and has 26 years of experience in A.N.College, Patna while working on the post of Laboratory In-charge in the Department of Chemistry. The authorities of the College, University and the State Government have been also mindful of personal difficulties of the petitioner and that is how he has been allowed to continue on the post of Laboratory In-charge despite abolition of the post. Keeping these aspects in view, this Court would direct the Vice Chancellor of the Magadh Univrsity to examine possibility for utilizing the services of the petitioner on any Class III post for which he may have requisite qualification and experience. If, however, the Vice Chancellor would find that the petitioner does not qualify for absorption in any Class III post, in A.N.College, Patna he may still utilize the service of the petitioner on any equivalent post in any other constituent College of Magadh University or even in the University Headquarters. If, however, that also is not possible the petitioner may be allowed to take voluntary retirement, inasmuch as he has already competed 50 years of age and has also completed 25 years of service by now. The respondents University and its official, however, before coercing the petitioner to seek voluntary retirement must make their best efforts to utilize the service of the petitioner on any vacant and sanctioned Class III post, that is possible within the 4 frame work of the Bihar State Universities Act and the statutes framed thereunder. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/