The court emphasized the importance of considering the staffing pattern, guidelines, quality of performance, and continuous employment of individuals in the regularisation of non-teaching employees.

S.N.Jha and A.K.Verma JJ.

1. These six cases have been heard together and are disposed of by this common order.

2. The petitioners, in effect and substance, seek direction upon the respondents to regularise their services on nonteaching posts. In CWJC No. 9222 of 1991, besides a self styled Employees Association, the petitioners are non-teaching employees of different affiliated Sanskrit Colleges, namely, Dr. Jagannath Mishra Sanskrit Mahavidalya, Paston, Navtoli, Kirti Narain Kamakhya Sanskrit College, Mahrali, Vidyanand Mithila Sanskrit College, Sankat Mochan Dham, Darbhanga, Rajeshwar Thakur Sanskrit College, Gorhiyari, Brahamdeo Muni Udasin Sanskrit Mahavidyalaya, Hajipur, and Satyanarain Sanskrit College, Chatauni. In CWJC No. 5814/95, besides the Employees Association, the petitioners are non-teaching employees of different constituent colleges, namely, Adinath Madhusudan Parasmani Sanskrit Mahavidyalaya, Rahua Sangram, Lakshmi Narayan Sanskrit Mahavidyalaya, Jaideo Patti, Ghanshyampur, Lakshmipur Pratap Narain Sanskrit College, Baunsi District Banka and Ramautar Gautam Sanskrit College, Ahilya Asthan, Kamtaul. In CWJC No. 5820 of 1992 the petitioners are non-teaching employees of T.P. Verma College, Narkatiaganj. In CWJC No. 11562 of 1994 the petitioners are non-teaching employees of Raj Narayan College, Hajipur. In CWJC No. 1729 of 1995 and CWJC No. 10703 of 1994 and petitioners are nonteaching employees of Shri Narayan Singh College, Motihari and Jaglal College and Ram Jaipal College, Chapra.

3. It would appear that the Institutions of which the petitioners claim to be employees are different but the cases were tagged for analogous hearing as the point involved was the same, namely, absorption/regularisation of their services. The hearing of the case was adjourned earlier to enable the counsel for the State to file comprehensive affidavit with respect to the petitioners. When the hearing was taken up day before yesterday, on 23.6.2003, it was stated on behalf of the State that reference has been made to different Universities seeking particulars with respect to various petitioners, but no response has come and thus on account of their non-cooperative attitude the State Government has not been able to take decision. However, in course of hearing counsel for the State as well as the petitioners generally agreed that the point at issue is covered by decision of the Full Bench of this Court in Braj Kishore Singh V/s. State of Bihar, 1997 (1) PLJR 509 and therefore, while the respondents are required to take decision on the point of regularisation of the petitioners in the light of the said decision, the cases may not be kept pending for this purpose. Counsel agreed that direction may be issued to the University and the State Government to take decision on the point of regularisation. For this purpose a time frame may be fixed for the University to send the necessary particulars, and for the State to take final decision in the matter.

4. Counsel for the petitioners nevertheless made submissions in individual cases. The thrust of the petitioners case is that the State Government has laid down guidelines vide resolution of the Human Resources Development Department contained in memo no. 989 dated 10.5.91, and the respondents are therefore required to take a decision in the light of those guidelines. It was pointed out that as per the said resolution the benefit of regularisation is available to those appointed prior to 10.5.86 against available vacancies keeping in view the reservation roster. Those who can not be adjusted for want of vacancies may also be allowed to continue in service so that they may be adjusted against further vacancies. The services of those appointed after 10. 5. 86 are to be terminated. It was stated that all the petitioners herein are pre-10.5.86 appointee and therefore they are entitled to remain in service.

5. At this stage it may be mentioned that the stand of the State has been that appoi