Appointments made in contravention of mandatory statutory provisions are nullities and cannot be regularized.

S. B. Sinha, J.

1. In this application the petitioners have prayed for issuance of a writ of or in the nature of mandamus directing the respondents to absorb them in the present/future vacancies in the College under the university Service as per the resolution of the State of Bihar dated 10 5.1991 as also for issuance of an appropriate writ for quashing the order as contained in letter dated 21 9 1993 as contained in Annexure-1 to the writ application whereby and whereunder the respondent No.7 directed to terminate their services.

2. The petitioners are said to have been appointed by the Bhagalpur university in Class III and IV posts. Prior to 10 5 1986 the Bhagalpur University, however, was bifurcated and the Colleges in question have been banded over to Siddu Kanhu University Dumka (hereinafter referred to as the University ).

3. The petitioners have contended that by a resolution dated 14.5.1977 as contained in Annexure-15, the Bhagalpur University delegated to the principals of the concerned Colleges, the power of appointment of Class iii and IV posts subject to the approval of the Vice Chancellor of the syndicate.

4. It has been stated that the Principal of Madhupur College Deoghar in exercise of the said power purported to be upon inviting applications on the basis of the notice published in the notice Board and upon interview selected the petitioners.

5. The petitioner No 1 is said to have been appointed by an order dated 17.5.1985. The petitioner No.2 was appointed on 17.12.85 The petitioner No 4 was appointed on 29.1.1987. The petitioner No.4 was appointed on 15 2 1986 and the petitioner Nos 5 and 6 were appointed on 4.4.1986 and 13.4.1986 respectively.

6. According to the petitioners the orders directing their appointment had been communicated to the University, whereafter the Registrar of the bhagalpur University recommended to the State Government for sanction for creation to Class-IV posts in the said College.

7. Allegedly on 10.5.1991 the State of Bihar adopted a resolution relating to creation of posts, in accordance with staffing pattern for appointment and absorption of Class-Ill and Class-IV non-teaching staff in the constituent Colleges. By reason of the said resolution it was laid down that incumbent to posts created on the basis of the staffing pattern, and who were appointed prior to 10.5.1986 were to be absorbed and retained on existing or future vacancies A copy of the said resolution is contained in annexure-8 to the writ application.

8. Allegedly despite the said order their services had been terminated.

9. It is stated that the petitioners were appointed within the norms of staffing pattern fixed by the Inter-University Board keeping in view the number of students admitted in each colleges. It has further been stated that the Supreme Court of India in a similar situation in writ petition (C) No.409 of 1991 as contained in Annexure-19 to the reply to the counter-affidavit disposed of similar writ application directing :-

"after hearing learned counsel for the parties we direct the respondents to consider the petitioners case for absorption strictly in accordance with the terms and condition of the agreement entered into between the Bihar State Universities and Colleges employees Federation and the State Government on 26.4.1989 the terms and conditions of which are incorporated in Governments letter dated 1st May 1989 notwithstanding the directions issued by the University in its letter dated 9th March, 1991 It is made clear that the respondents are free to terminate the services of those who are not absorbed in accordance with the staffing pattern and other conditions contained in the agreement the Ranchi University will take immediate steps to determine the staffing pattern and other details in accordance with the agreement and forward the list within two months to the State government and the letter will consider the same and issue within one month thereafter. This order would apply only to