IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.287 of 2008 Ranjeet Kumar Ranjan, son of Sri Anandi Yadav, resident of village Sandalpur, P.S. Kasim Bazar, P.O. and District- Munger ………… Petitioner Versus 1.The State Of Bihar 2.Sri Anjani Kumar Singh, the Secretary, Higher Education Department, Govt. of Bihar, Patna 3.The Tilka Manjhi Bhagalpur University Bhagalpur, through its Registrar Sri B.K.Dass 4.Dr.Prema Jha, the Vice Chancellor, Tilka Manjhi Bhagalpur University, Bhagalpur 5.Sri B.K.Dass, the Registrar, Tilka Manjhi Bhagalpur University, Bhagalpur 6.Sri Satyendra Chandra Sinha, the Principal, J.R.S.College, Jamalpur, District- Munger ……….. Opp.Parties. ----------- 4. 05/05/2010 Petitioner is aggrieved by non-compliance of the order passed by this Court, as contained in Annexure-1, by which this Court had directed the respondents to take appropriate decision in the matter so far as writ petitioners are concerned, at par with other daily wagers including that of Nikhil Kumar Jha and others. From the show cause it appears that the Chancellor had directed the University to take up the cases of daily wagers and consider their cases for regularization strictly as per seniority complying with the reservation roster and send the recommendation to the Secretary, Higher Education, Government of Bihar for regularization of such daily wage employees. It is stated in the show cause that pursuant to the said order of the Chancellor, a limited written - 2 - test was conducted by the University in case of daily wagers in which they were allowed to appear and those, who qualified, were absorbed in the services of the University. It is stated that out of 11 petitioners before this Court in the writ matter, 10 appeared in the test. They were found eligible and therefore they were regularized. This petitioner did not appear in the test inspite of opportunity granted to him and therefore, his case was not considered for regularization. Learned counsel for the petitioner submits that as per direction of this Court, he was not required to appear in the test and his case had to be considered straightway. This issue can be well decided in a writ proceeding. Validity of the manner in which respondents have absorbed the daily wagers after holding limited written test and any discrimination practiced in the same cannot be decided in contempt proceeding. The contempt application is accordingly dismissed with liberty to the petitioner to file fresh writ application to agitate his claim, if advised. Pradeep/ ( J.N. Singh, J.)