IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6532 of 2009 ====================================================== Sanjeet Kumar Singh, Son of Shri Prabhu Narain Singh, Resident of Village – Jurawanpur, P.O. Jurawanpur, Rampur, P.S. Jurawanpur, District – Vaishali. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Commissioner –cum- Secretary, Higher Education Department, Government of Bihar, Patna. 3. Magadh University, Bodh Gaya through its Vice-Chancellor. 4. The Registrar, Magadh University, Bodh Gaya. 5. The Principal, A.N. College, Patna. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the State : Mr. Rakesh Kumar Srivastava, AC to GP4. For the M.U. : Mr. Anil Kumar Sinha, Advocate Mr. Mritunjay Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 06/ 26-09-2011 Heard counsel for the petitioner, the State and the counsel appearing for Magadh University. Petitioner was engaged on 15.12.1986 to work as an Assistant in the Department of English, as a daily wager, by the then Principal of the College. He continued to work till 30.6.1992 but thereafter he is not being allowed to discharge his duties as daily wager Assistant. This application has been filed by the petitioners for a direction to the respondents to consider his case for regularization Patna High Court CWJC No.6532 of 2009 (6) dt.26-09-2011 2 / 3 2 as Assistant in the Department of English in A.N. College, Patna, with effect from the date of his appointment and to make payment of salary like other regular employees. This prayer has been made by the petitioner in the background, that of similarly employees, have been regularized by the University in the light of direction issued in C.W.J.C. No. 9134 of 2006. Similarly situated daily wagers have been regularized vide order dated 29.9.2008after obtaining legal opinion and on recommendation of Three Men Committed as well as Syndicate. Counsel for the petitioner submits that petitioner’s case should also be directed to be considered for regularization in view of the subsequent decision taken by the University, as per the recommendation of the Syndicate dated 29.9.2008. The University be directed to consider petitioner’s claim for regularization either on Class III or Class IV, as resolved and made applicable in case of daily wagers appointed prior to 1.1.1996. In the counter affidavit of Magadh University it has been stated that petitioner’s case is not liable to be considered for regularization, as he had been appointed by the then Principal of the College without approval of the University. Other reason is that petitioner is not working as daily wagers since 30.3.1993, i.e. for more than 17 years; and petitioner’s case is not on similar to Patna High Court CWJC No.6532 of 2009 (6) dt.26-09-2011 3 / 3 3 the case of those daily wagers’, who had been regularized in the light of order passed in C.W.J.C. No. 9134 of 2006. Considering the fact that petitioner was appointed much earlier to 1.1.1996, this application is being disposed off, directing the petitioner to file his representation before the Registrar, Magadh University, Bodh Gaya. The Registrar of the University will consider petitioner’s case for regularization, in the light of the resolution of the University to regularize daily wagers on Class IV and Class III posts, who were appointed prior to 1.1.1996. In case petitioner is found fit for regularization, appropriate order will be passed by the Registrar in his case, as has been done in case of others. DKS/ (Mridula Mishra, J)