In both these applications, the petitioners are claiming appointment against Class III and IV Posts of Munshi Singh College, Motihari. Both the applications were heard together and with the consent of the parties, they are being disposed of by a common order at the stage of admission itself.

2. In CWJC No. 4649 of 1991, there are seven petitioners who have prayed for a direction to the Respondents to regularise their services against the posts they have been working on daily wages. As per the decision of the Department of Human Resources, State of Bihar, issued vide notification no. 994 dated 11.7.1989, all the appointments made by the Principal of the College on different dates with effect from 26.8.1974 till 4.7.1986 were to be regularised. Their grievance is although they have continuously worked in the College but they are getting only daily wages at the rate of Rs. 25.50 per day where as other class IV employees employed in the College subsequent to the petitioners discharging similar duties, are getting all the benefits of regular employees.

3. In CWJC No. 6105 of 1992 there are 19 petitioners. They have prayed for quashing the order issued under memo no. 159/DR (9) dated 27th June, 1992. by the Registrar of the respondent University communicating the decision of the Vice-Chancellor. cancelling their appointments made by the University vide memo no. 13/7.307 dated 18.4.1990. By the said memo it has also been indicated ‘that the Vice’ Chancellor has been pleased to direct the Principal of the College to examine the claim for regularisation of services of the employees who are working against sanctioned posts of non-teaching staff on the basis of appointments made by the Principal of the College The aforesaid memo has been marked as Annexure 25 to the Writ application.

4. Admittedly, under the direction of the then Vice Chancellor, Class III and IV posts of tile College were advertised inviting applications for appointment on direct recruitment basis in response to the advertisement the ‘petitioners of this' writ application as well as petitioner nos. 1 to 4 and 6 of the other writ application, along with others applied for appointment. Under the orders of the Vice Chancellor, a three-man committee was constituted for selecting, candidates. Before the date of interview one of the members of the Committee namely. Deputy Registrar of the University expressed his inability to participate to the interview. Therefore in his place by the order of the Vice Chancellor, coordinator, College Development Council, a person holding higher post to the Deputy Registrar, was nominated. On 14.2.1990, the interview was held wherein the petitioners as well as petitioner nos. 1 to 4 and 6 of the other writ application appeared. The Selection Committee prepared a merit list and recommended names before the Vice-Chancellor for appointment. Thereafter, on 18.4.1990, the Vice Chancellor in exercise of his power vested under section 10 (6) of the Bihar State Universities Act (hereinafter referred to as the Act) appointed 20 persons against class III and IV posts of the College. Consequently, the petitioners submitted their joining before the Principal of the College, which was accepted on 19.4.1990. The name of the petitioner nos. 1 to 4 and 6 of the other writ application was not included in the merit list.

In the meantime, on 10.7.1990, the Professor Incharge (respondent no. 4) issued office order, stopping salary of the petitioners and directed that the employees who were working earlier against such posts on daily wages as on 17.4.1990, that is, before regular appointment of the petitioners, will be allowed to function. The petitioners being aggrieved filed several representations before the Chancellor as well as the Vice-Chancellor against the impugned order, but no relief was granted.

Ultimately, they moved this court in CWJC No. 6592 of 1990 wherein a counter affidavit was filed by the respondent University, intimating that an inquiry is b