IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1514 of 2010 1. JAGESHWAR PRASAD S/O LATE KAMALDEO RAI R/O AT㴯 BAKHTIYARPUR, DISTT- PATNA AND WORKING AS STORE KEEPER IN GEOGRAPHY DEPARTMENT, IN RAM KRISHNA DWARIKA COLLEGE, LOHIA NAGAR, PATNA-20. VERSUS 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY-CUM-COMMISSIONER, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOER, HIGHER EDUCATION/HUMAN RESORUCES DEPARTMENT, GOVT. OF BIHAR, PATNA 4. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 5. THE REGISTRAR, MAGADH UNIVERSTIY, BODH GAYA 6. THE PRINCIPAL RMA KRISHNA DWARIKA COLLEGE, LOHIA NAGAR, PATNA- 800020. ----------- For the Petitioner : Mr. Rajendra Kishore Prasad with Mr. P.C. Das. For the University: Mr. Sanjay Kumar. For the State : Mr. Santosh Kumar Singh, SC-22. Mr. Mithilesh Kumar, AC to SC-22. ----------- 02 21.07.2010 The petitioner claims that he was appointed as Store Keeper in the Geography Department of Dwarika College, Punaichak, Patna (now Ram Krishna Dwrika College, Lohia Nagar, Patna). His appointment was made on 18.12.1978 by the Governing Body of the said College, which was affiliated to the Magadh University. The petitioner joined the said post on 20.12.1978. Geography is a duly sanctioned course in the College. Petitioner pleads that on 22.12.1983 University sent a recommendation to the State Government to sanction inter alia the post of Store Keeper, Geography but the State did not act upon the same and the matter was kept pending. Ultimately, in December 1986 the College, which was either to affiliate College, became a - 2 - constituent College of the Magadah University in the 4th Phase. It is stated that upon the College being made constituent three member committee was formed to scrutinize the name of the employees teaching and non-teaching in the College. Petitioner claims that he was in the list aforesaid. The matter of regularization/absorption on teaching and non-teaching employees of the 4th Phase constituent College ultimately reached the Apex Court. The Apex Court appointed a committee consisting of a retired Hon’ble Justice Agrawal to submit a detailed report in the matter and then upon the report being submitted the Apex Court heard the matter and accepted the report and with directions disposed of the matter. The said case is reported as State of Bihar & Ors. Vs. M.S.E.S.K.K. Mahasangh (2005) 9 Supreme Court Cases 129. Petitioner claims that the University had already recommended for sanction of the post to the State Government much before the cut off date when the College became constituent and, as such, petitioner would fall in List-II of the said report of Justice Agrawal Committee, as approved by the Apex Court and, accordingly, upon sanction being given for the post, petitioner would be liable to be absorbed. If facts were as simple as that the petitioner would succeed but it is not so. Petitioner has made his own admission in paragraph-18 of the writ petition that his name and post were left out from the report of the Justice Agrawal Committee due to inadvertence his case was thus not for consideration before the Apex Court. The Apex Court has issued - 3 - the direction for absorption of only those people who had figured in the Justice Agrawal Committee report and had rejected all other objections. It had categorically so stated in the judgment that except for the contingencies mentioned in the order of the Apex Court no other person would be considered. That being so, the petitioner admittedly not having figured in the Justice Agrawal Committee report, he cannot be granted relief in this writ petition. The writ petition is dismissed summarily. Trivedi (Navaniti Prasad Singh, J.)