Md. Sakib v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7967 of 2026 ====================================================== 1.

Md. Sakib Son of - Md. Belal Ahmad, Resident of - Baradari, Ward No. - 39, Sasaram, P.S. - Sasaram, District- Rohtas.

2.

Gauhar Ali Son of Sohail Ahmad Ansari, Resident of - Zakki Shahid, Ward No. - 29, P.S. Sasaram, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar, Through the Additional Chief Secretary, Department of Education, Government of Bihar, New Secretariat, Patna. 2.

The Additional Chief Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.

3.

The Director, Higher Education, Department of Education, Government of Bihar, New Secretariat, Patna.

4.

The Magadh University, Bodh Gaya, through its Registrar. 5.

The Vice Chancellor, Magadh University, Bodh Gaya. 6.

The Registrar, Magadh University, Bodh Gaya.

7.

The Finance Officer, Magadh University, Bodh Gaya. 8.

The Principal, Sri Mahanth Shatanand Giri College, Sherghati, ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditi Sharma, Adv.

For the Respondent/s :

Mr. Government Pleader (3) For the MU :

Mr. Sunit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 30-06-2026 Heard learned counsel for the petitioners, learned counsel for respondent Magadh University and learned counsel for respondent-State.

2. With the consent of all the parties, this writ application is being disposed of at this state itself.

3. The petitioners have prayed for the grant of following reliefs:-

2/4 "I) For commanding the respondents to regularise the services of the petitioner's on their respective posts, inasmuch as the petitioners are uninterruptedly working in Sri Mahanth Shatanand Giri College, (hereinafter referred to as "SMSG College"), Sherghati, Gaya, a constituent college of the Magadh University, from the date of their appointment as daily wage employees upon the approval granted by the Vice Chancellor, Magadh University, vide office order contained in memo no.-254/09 dated 31.07.2009, and are performing the duties which are perennial and indispensable in nature.

II) For commanding the respondents to grant consequential reliefs to the petitioners upon regularisation, in view of the fact that the petitioners have been working as daily wage employee in SMSG College, Sherghati, Gaya for more than 16 years and no complaint or adverse material has ever been recorded against the petitioners, while similarly, situated employees appointed on daily wage basis in the year 2009 in the Magadh University, have already been regularised in 2018, but the petitioners have been arbitrarily denied similar treatment.

III) For grant of any other relief/reliefs to which the petitioners may be found entitled for."

4. Learned counsel for the petitioners submits that the reliefs claimed by the petitioners in this writ application is based on the latest judgments of the Hon'ble Supreme Court on the issue of regularization. He further submits that in light of the recent judgments of the Hon'ble Supreme court on the issue of

3/4 regularization, the petitioners are ready to file a fresh representation before the Vice-chancellor of respondent Magadh University and prays that an appropriate direction be given to the Vice Chancellor of respondent Magadh University to dispose of the representation of the petitioners within a fixed time frame, after giving an opportunity of hearing to the petitioners.

5. To the aforesaid submission made by the learned counsel for the petitioners, learned counsel appearing for respondent Magadh University and respondent-State do not have any objection.

6. Considering the limited nature of prayer made by the learned counsel for the petitioners, this case is disposed of granting liberty to the petitioners to file a detailed representation based on recent judgments of the Hon'ble Supreme Court relating to the subject matter of regularization before the Vice Chancellor of respondent Magadh University, Bodh Gaya, within one month from today. If such a representation is filed within the stipulated time, the Vice-Chancellor of respondent Magadh University, Bodh Gaya, after hearing the petitioners shall dispose of the representation within a period of three months from the date of receipt of the representation.

4/4

7. Needless to emphasize that the final order which shall be passed by the Vice-Chancellor of Magadh University, Bodh Gaya should be reasoned and speaking order. It is further made clear that in case the petitioners are found entitled to the relief, which the petitioners would be claiming through the representation based on the recent judgments of the Hon'ble Supreme Court relating to subject matter of regularization, then the same should be extended to the petitioners within a period of one month from the date of passing of the final order.

8. With the aforesaid observation and direction and liberty as granted, the present writ application stands disposed of. Pending I.As, if any will be deemed to have been disposed of.

(Alok Kumar Sinha, J) Prakash Narayan/ Namrata U