Sant Kumar v. The Vice Chancellor B.R.A.Bihar University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2004 of 2013 ====================================================== Sant Kumar S/O Brahmanand Singh R/O Mohalla-Dighi Kala, P.O.-Dighi Kala, P.S.-Sadar, Hajipur, Distt-Vaishali .... .... Petitioner

Versus

1. The Vice Chancellor B.R.A.Bihar University, Muzaffarpur

2. The Registrar, B.R.A.Bihar University, Muzaffarpur

3. The Principal , D.C.College, Hajipur, Distt-Vaishali .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Mahtab Ahmad, Advocate For the Respondent/s : Mr. Harendra Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 14-12-2015 The petitioner seeks regularization of his appointment. It appears that the petitioner was temporarily appointed by the Principal of D.C.College, Hajipur on 22.09.1988. He seeks regularization of his appointment with effect from his initial appointment date. The petitioner in support of his submission has relied upon a case of one Nagendra Singh and Others disposed of on 14.08.2012 vide CWJC Nos. 13780 and 13813 of 2012.

Heard learned counsel for the petitioner and the State. It appears that in the aforesaid case, the learned Single Bench noticed that the petitioners of those writ petitions were appointed prior to 10.05.1986 and as such their claim was covered by the notification of the State Government, dated 10.05.1991 particularly in Clause (6) that even in absence of vacancy under the staffing pattern such appointees are to be

Patna High Court CWJC No.2004 of 2013 (4) dt.14-12-2015 2/2 considered against future vacancies. It appears that the petitioner has already approached the respondents for his regularization.

Having regard to the facts and circumstances of the case, if the petitioner files a fresh representation before respondent no.2, the same would be considered in accordance with law within a period of three months from the date of receipt/production of a copy of this order.

Shashi.

(Samarendra Pratap Singh, J) U