Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12677 of 2019 ====================================================== Navin Kumar Son of Sri Umesh Chandra Das Residing at Narayanpur Road, Kahnani Campus, Near Vaishali Management College, Mithanpura Musahari, P.O.-Muzaffarpur, P.S.-Mithanpura, District-Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Additional Chief Secretary Education Department, Government of Bihar, Patna 3.

B.R.A. Bihar University Muzaffarpur through its Registrar 4.

Vice Chancellor B.R.A. Bihar University, Muzaffarpur 5.

Registrar B.R.A. Bihar University, Muzaffarpur 6.

Principal S.N.S. College, Motihari, District-East Champaran ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanand Roy, Advocate.

For the Respondent/s :

Mr. Prabhakar Jha ( Gp27 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-02-2025

1. Heard learned counsel for the petitioner and learned AC to GP-27 and the learned counsel appearing on behalf of the Bihar University.

2. The learned counsel appearing on behalf of the petitioner submits that the instant writ application has been filed seeking a direction upon the authorities to regularize the service of the petitioner against sanctioned and vacant Class-III post of routine clerk with effect from the date of his initial joining i.e. 25.01. 2009 in S.N.S. College, Motihari, a constituent college of B.R.A. Bihar University, Muzaffarpur and to extend all

Patna High Court CWJC No.12677 of 2019(7) dt.24-02-2025 2/3 consequential benefits.

3. The learned counsel for the petitioner submits that the petitioner was appointed as a Computer Operator in the college after following all the procedures i.e. advertisement and interview by the selection committee with prior permission of the university and his case for regularization was recommended by the college vide letter No.A/C 87/11 dated 09.06.2011 (Annexure-19) and A/C 731/14 dated 14.07.2014 (Annexure20). It is next submitted that the letter by which regularization of the petitioner was recommended by the college which has annexed as Annexure-19 and 20 to the writ application are self explanatory. It is also submitted that the Principal of the college vide his letter dated 26.11.2018 (Annexure-21) contained in Reference No.41 of 2018, addressed to the Vice Chancellor, B.R.A.

Bihar University, Muzaffarpur had requested the Vice Chancellor for regularizing the services of the petitioner against the vacant sanctioned post of L.D.C. (Routine Clerk in the College).

Patna High Court CWJC No.12677 of 2019(7) dt.24-02-2025 3/3 date is working on daily wages when the post for which he was appointed requires a regular staff and the post is also sanctioned.

4. The learned counsel appearing on behalf of the University submits that the writ application can be disposed of with a direction to the Vice Chancellor of B.R.A. Bihar University, Muzaffarpur to consider and take a decision in view of letter dated 26.11.2018 (Annexure-21 to the writ application) issued by the Principal of the college, whereby the Principal of the college has requested the Vice Chancellor to regularize the services of the petitioner against the vacant sanctioned post of L.D.C. (Routine Clerk in the college).

5. After hearing the learned counsel for the parties, the writ application is disposed of with a direction to the Vice Chancellor B.R.A. Bihar University, Muzaffarpur to take a decision in accordance with law on the recommendation made by the Principal of the college, as contained in letter dated 26.11.2018, having Reference No.41/2018, (Annexure-P/21) within a period of four months from the date of receipt/production of a copy of this order.

(Satyavrat Verma, J) amit/- U