IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14387 OF 2005 SURYA DEO SINGH @ BRAHMACHARI, SON OF LATE BANSI DHAR SINGH, RESIDENT OF VILLAGE MAJHARIA, POLICE STATION MAJHARIA, DISTRICT BUXAR ……………………………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE SECRETARY, HIGHER EDUCATION, BIHAR, PATNA 2. THE MAGADH UNIVERSITY THROUGH ITS REGISTRAR, BODH GAYA, GAYA 3. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA, GAYA 4. THE VEER KUNWAR SINGH UNIVERSITY THROUGH ITS REGISTRAR, ARRAH 5. THE VICE CHANCELLOR, VEER KUNWAR SINGH UNIVERSITY, ARRAH 6. THE PRINCIPAL, MAHARSI VISHWAMITRA MAHAVIDYALAYA, BUXAR …………………………………………………………………..………RESPONDENTS ******** 3 14/02/2011 This writ application has been filed on behalf of the petitioner in which there is a prayer that his appointment as a Peon on daily wages in Maharsi Vishwamitra College, Buxar should be regularized by the Veer Kunwar Singh University. The petitioner was appointed after the approval of the University as per the statement made in paragraph 7 on 18.04.1982. It is submitted that he was working regularly and in fact his name was included by the Principal of the College as a daily wage employee of the College till the year 1992. After bifurcation of the University and creation of the Veer Kunwar Singh University, the Principal of the College had by letter dated 24.11.1993 requested the Veer Kunwar Singh University to make payment of the non-teaching staffs of the College. A Screening Committee was also constituted and 2 services of certain persons were regularized such as Shri Rang Nath Tiwary and Shri Mangal Singh. A counter affidavit has been filed both on behalf of the State and on behalf of the respondents 4 to 5 i.e. the Officers of the Veer Kunwar Singh University. It has been stated at paragraph 6 of the counter affidavit filed on behalf of respondents 4-5 that as per the report of the Principal of the College, the petitioner was appointed on daily wages as a Peon in the College on 02.05.1980 and had left the job out of his own free will in January, 1995. On the other hand, the affidavit filed on behalf of the State is that the University has been asked to give a report with respect to the action taken with respect to the constitution of the Screening Committee and the University has responded by stating that the University has asked the Principal of the College to send his report with respect to the appointment of the petitioner. From the aforesaid facts, it appears that the Principal of the College has stated that the petitioner no longer works in the College. If the petitioner is not working in the concerned College, there is no question of regularization of his services, and as such, this application is dismissed. Anand ( Sheema Ali Khan, J. )