The court emphasized the distinction between 'irregular appointment' and 'illegal appointment', highlighting that illegal appointments cannot be legalized.

Per D. N. Patel, J.:

1. This Civil Review Application has been preferred for review of an order, passed by this Court dated 19th February, 2004 in W.P.(S) No. 2608 of 2002, whereby, the writ petition, preferred by these petitioners was dismissed.

2. Learned counsel for the petitioners submits that both these petitioners were appointed as Laboratory Incharge and Library Assistant in the year 1987 and 1986 respectively. It is further submitted that by virtue of an order passed by Hon'ble Supreme Court in Writ Petition (Civil) No.409 of 1991 dated 25th September, 1991, the State of Bihar had passed an order dated 25th August, 1993 for absorption of similarly situated employees and in the said order the names of these two petitioners are also pointed out at serial nos. 13 and 48 respectively and, therefore, their services should have been absorbed by the State of Jharkhand. It is submitted that these aspects of the matter have not been properly appreciated by the learned Single Judge, while dismissing the writ petition being W.P.(S) No. 2608 of 2002 vide order dated 19th February, 2004 and hence this Civil Review Application has been preferred.

3. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain this Civil Review Application, mainly for the following facts and reasons:

(I) Petitioner no.1 was appointed as Laboratory Incharge in the year, 1987 whereas petitioner no.2 was appointed as Library Assistant in the year, 1986 at Marwari College under Ranchi University. Both these appointments were illegal and not in consonance with the rules and regulations, prevalent at the relevant time. Thus, both the appointees are “back door entry” employees.

(ii) The learned Single Judge while dismissing the writ petition has also appreciated the decision taken by the Vice-Chancellor, which has been reproduced in the order dated 19th February, 2004. Relevant paragraphs of the said order reads as under:

“According to the respondents, on the recommendation of a committee the Vice-Chancellor passed an order as contained in Annexure-7 to this writ application, whereby following decisions were taken:-

(I) No work should be taken from any class III/IV employee who was not paid his/her salary/wage on or before 30/11/1988 through individual Bank A/C/Cheque drawn from the concerned Bank of the college/ Department/ P.G.Centre/Universities.

(II) For such persons, who have no evidence of any payment of their salary/wages through individual Bank A/C/Cheque on or before 30/11/1988 and have been paid any salary/wages through individual Bank A/C/Cheque of the concerned Bank of the College/ University after 30/11/1988, any notification/ office order regarding their regularization/appointment by the College/ University, irrespective of their date of appointments/regularization, being completely in violation of the provision of the Bihar State Universities Act, 1976, as amended up to date, is hereby canceled and their services stand terminated with immediate effect. Under no pretext whatsoever, the Principal/ Head of the Department/ Professor-in-Charge/ P.G. Centre/ Registrar shall allow any such person to continue to work. A list of such persons be submitted to the undersigned within a week from the receipt of this order.

(III) A list of all the grade III/IV employees, who were in receipt of salary/wages through their Bank A/C/Cheque, on or before 30/11/1988 mentioning all details including the Bank Account number and the Bank's name should also be submitted to the undersigned, within a week of the receipt of this order. Accordingly, pursuant to the aforesaid decision Annexure-8 and Annexure-8/1 were issued by the Principal of Marwari College, Ranchi, certifying that the services of the petitioners were terminated.”

(iii) In view of the aforesaid policy decision, it appears that the services of both these petitioners were terminated in the year 1990 and their appointments being i