The Bihar Agricultural University v. Md. Riyazudeen

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.100 of 2020 In Civil Writ Jurisdiction Case No.6096 of 2012 ====================================================== 1.

The Bihar Agricultural University Sabour, Bhagalpur through its Registrar. 2.

The Registrar, Bihar Agricultural University, Sabour, Bhagalpur. 3.

The Vice-Chancellor, Bihar Agricultural University, Sabour, Bhagalpur. 4.

The In-Charge Officer (RECRUITMENT), Bihar Agricultural University, Sabour, Bhagalpur.

5.

College of Horticulture, Noorsarai, Nalanda through its Principal. 6.

The Associates Dean-cum-Principal, College of Horticulture, Noorsarai, Nalanda.

... ... Appellant/s

Versus

1.

Md. Riyazudeen Son of Md. Sattar, resident of Village- Andhana, P.S. Noorsarai, District- Nalanda.

2.

Sri Ranjeet Chaudhary, Son of Shri Kesho Chaudhary, resident of Village and P.S. Noorsarai, District- Nalanda.

3.

Sri Sudhir Kumar, Son of Jagrnath Singh, resident of Village- Adauri, P.S. Purnahiya, District- Sheohar.

4.

Sri Badhan Paswan, Son of Sri Parany Paswan, Villalge- Chandasi, Tola, P.S. Noorsarai, District- Nalanda.

5.

Sri Niwash Kumar Singh, Son of Sri Ganga Sagar Singh, resident of Village Rahima Pur, P.S. Athmalgola, District- Patna. 6.

Sri Nagendra Dayal, Son of Akwali Dayal, resident of Village Noorsarai, P.S. Noorsarai, District- Nalanda.

7.

Sri Suresh Kumar, Son of Shri Badhnath Rai, resident of Kurji More, Gate No. 64, P.S.- Digha, District- Patna.

8.

Sri Bhupendra Kumar Singh, Son of Sri Girjanandan Singh, resident of Village Makhdumpur, P.S. Punpun, District- Patna. 9.

Sri Rajiv Ranjan, Son of Shri Chandradeep Pandit, resident of Village Bhandari, P.S. Rahui, District- Nalanda.

10.

Sri Suman Kumar Sinha, Son of Sri Ramendra Pr. Sinha, resident of Village Kharuara, P.S. Harnaut, District- Nalanda.

11.

Sri Tinku Kumar, Son of Late Madan Malakar, resident of VillageNoorsarai, P.S. Noorsarai, District- Nalanda. 12.

Sri Mritunjay Kumar, Son of Sri Nandkishore Sharma, resident of VillageAlka Colony, P.S. Kumhrar, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Sriram Krishna, Adv. (BAU) Mr. Shashank Shekhar Kumar, Adv.

For the Respondent/s :

Mr.Nilesh Kumar Pandey

Patna High Court L.P.A No.100 of 2020(13) dt.07-07-2025 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 07-07-2025 Appellant - Bihar Agricultural University have assailed the order of Learned Single Judge, dated 07.12.2028. Perusal of the Learned Single Judge order, it is evident that respondent was appointed on ad-hoc basis and he has sought for regularization. The same was not permitted. On the other hand, observations have been made to the extent that in the event of Appellant - University undertake regular process of recruitment, in that event, appellant is entitled to age relaxation and so also weightage for his experience. Till date, the process of recruitment has not commenced on regular basis or have they appointed on ad-hoc basis. Therefore, prima-facie, there is no interference is called for insofar as order of the Learned Single Judge dated 07.12.2018, passed in CWJC No. 6096 of 2012.

2. At this stage, learned counsel for the

Patna High Court L.P.A No.100 of 2020(13) dt.07-07-2025 3/3 respondent, on instruction, submitted that State Government has evolved a policy decision to extend age relaxation and weightage of experience. On those lines, the university must exercise whether such of those adhoc employees who were appointed in the agricultural universities are entitled to age relaxation and weightage of work experience or not.

3. The above exercise shall be undertaken before proceeding with the regular recruitment. The above exercise shall be undertaken within a period of 03 months thereafter, undertake regular recruitment process and complete within a period of 06 months.

4. With the above observation, the present LPA No. 100 of 2020 stands disposed of.

(P. B. Bajanthri, J) ( S. B. Pd. Singh, J) Nirajkrs/- U