Appointments made in violation of constitutional mandate and mandatory provisions cannot be regularised solely based on the length of service.

Nagendra Roy, J.

1. This appeal is directed against the judgment dated 17.12.1999 passed by a learned Single Judge in C.W.J.C. No. 10202 of 1997, whereby the Writ application filed by the appellants and one Triloki Nath Singh for a direction to the respondents to regularise their services against Class III and Class IV posts in Y.N. College, Dighwara in the district of Saran, has been dismissed.

2. According to the appellants, the said College was established in 1967 and it was affiliated up to I.A. & I.Sc. standard by the then Bihar University. In 1971, the College got affiliation up to B.A. standard and in 1979, it got affiliation up to B.Sc. standard. Appellants No. 4 to 17 were appointed by the Governing Body of the College on different non-teaching Class III and Class IV posts after completing all the formalities on 22.2.1978 against the posts created before 1973. Appellants Nos. 1 and 2 were appointed on 24.2.1980 against the posts of Laboratory Incharge and appellant No. 3 was promoted to the posts of Laboratory Incharge on 24.2.1980 against the post created on 27.1.1980 by the Governing Body on the basis of a letter of the State Government dated 17.8.1978, whereby the Government had permitted to create one post of Laboratory Incharge on every 30 Scieuce students. On 10.10.1980, the College became a constituent until of the then Bihar University and after creation of Jay Prakash University at Chapra, now it is one of the constituent units of the said University, They have asserted that the State Government by letter dated 28.10.1980 (Annexure 10 to the Writ application) informed the Registrar of the Bihar University that according to the staffing pattern, only 30 employees (Class III and Class IV) were permissible and their appointments were within the staffing pattern and as such their services were to be regularised. They have also asserted that the respondents authorities are acting in most arbitrary manner in not regularising their services as well as in not giving salary to them though they are working within the sanctioned strength since 1980. They have been provided only occasional payment on the eve of Dashera and Holi festivals. They represented the authorities times without number but no decision has been taken.

3. The stand of the University, on the other hand, is that the appointments of the appellants were made, without any advertisement, without following the rules of recruitment and without observing the roster and reservation policy. Neither any advertisement was published for appointment nor was any interview conducted. No selection committee was constituted nor was any panel of the candidates prepared on the basis of such Interview. The fact that from the date of appointment till the College became constituent unit and, thereafter, also the appellants have not been paid any salary, as admitted by them, itself shows that they were never appointed on the said posts. It was further stated that their appointments were against the non-sanctioned posts. The documents filed by the appellants themselves show that 43 persons were appointed along with the appellants, which, on the face of it, appears to be not permissible even if their case is accepted that according to the staffing pattern 30 persons were to be appointed on the non-teaching posts. It is further stated that the appointments of appellants Nos. 1 and 2 on the post of Laboratory Incharge have also been made de hors the rule of recruitment and the so-called appointment and promotion of appellant No. 3 on the post of Laboratory Incharge have also been done without following the process of selection.

4. The State has also filed a counter-affidavit stating that the appointments of the appellants were in violation of the provisions of Articles 14 and 16 of the Constitution of India. The appointments were made in the month of February 1978, when the Bihar State Universities Act, 1976 , (here in after referred to as the Act) had already come into