The court upheld that the creation of posts is the exclusive prerogative of the state government and cannot be compelled by the judiciary, reaffirming contractual employment does not secure regularization rights.

JUDGMENT :

ANIL KUMAR SINHA

1. The present writ application has been filed seeking direction in the nature of mandamus commanding the respondent authorities particularly the Department Of Education, Government of Bihar to sanction or create the posts of Lecturers in the Department of “Industrial Fish and Fisheries” in Ramdayalu Singh College, Muzaffarpur (hereinafter referred to as “the College”), a constituent unit of Babasaheb Bhim Rao Ambedkar Bihar University, Muzaffarpur and to take over the financial liability of the said Department. It has further been prayed that consequent to such creation of posts a direction be issued for granting approval for the regularization of the petitioner’s services as Lecturer in Industrial Fish & Fisheries (vocational subject) in the said College. Alternatively the petitioner has prayed for a direction to the respondent authorities to accord sanction and approval for her regularization on the sanctioned and vacant post of Lecturer in the Department of Zoology in the said College.

2. The brief facts giving rise to the present writ application is that the University Grants Commission (for short “U.G.C.”) vide letter dt: 14.06.1996 granted approval for introducing the vocational subject namely “Industrial Fish & Fisheries” in the College with effect from the academic session 1996-1997. 3. It has further been informed by the U.G.C. that the College may appoint staff on contract basis for the said course which would include two Lecturers, one Instructor, one Lab Technician and two Peons. The said letter further clarified that recurring financial support would be provided by U.G.C. for a period of five years only i.e. from 1996-2000 there after the institution was to take steps to meet the expenditure either through support from the State Government or from other sources pursuant to the cessation of U.G.C. assistance as aforesaid.

4. The Vice Chancellor of the Babasaheb Bhimrao Ambedkar Bihar University (for short “the University”) permitted the commencement of B.Sc. Hons. (vocational course) in Industrial Fish & Fisheries for the academic session 1996-1997 in the Department of Zoology of the College. The decision of the Vice Chancellor was communicated to the Principal of the College by the Registrar of the University vide Memo No. B / 2334 dated 31.07.1996. The College invited application for the post of Lecturers, Instructors and Lab Technicians on contract basis and advertisement to this effect was published in the Daily Newspaper on 02.04.1997. The petitioner applied pursuant to the aforesaid advertisement for the post and on the basis of recommendation of the Selection Committee she was appointed as Instructor with effect from 25.04.1997.

5. Learned counsel for the petitioner argued that from the scheme of the U.G.C. communicated through letter dt: 14.06.1996 it appears that after cessation of U.G.C. assistance from 2000-2001 onward the course may continue with support of State Government. When the U.G.C. assistance was about to cease the Registrar of the University vide letter dated 17.08.2001 requested the Joint Secretary, Department of Higher Education, Govt. of Bihar to grant permission to continue teaching in vocational subject namely “Industrial Fish & Fisheries” and further to provide financial assistance for meeting the recurring expenditure. The University administration has permi