CAV JUDGMENT

Date : 25-09-2024 Heard learned counsel for the petitioner, learned counsel for the State, learned counsel for the University and learned Senior Counsel for the Chancellor.

2. The present writ petition has been filed seeking the following reliefs:

“(i) For issuance of a writ in the nature of certiorari to shift back the notification containing Memo No. BB/2358 dated 09-12-2005 so far it relates to the absorption/regularization of the service of the petitioner with effect from 28-10-2002 as also the office order containing Memo No. 3789 dated 05.09.2009 issued under the signature of Registrar B.R Ambedkar Bihar University, Muzaffarpur to the same effect and notification containing Memo No.

B/686 dated 18.06.2018 to the same effect.

(ii) For issuance of a consequential writ in the nature of mandamus directing and commanding the respondents particularly the respondents Ambedkar B.R Bihar University, Muzaffarpur to shift back the date of absorption /regularization of the petitioner from 28.10.2002 to 11.09.1981 i.e the date of joining as per statute framed by the Chancellor of the Universities for regularization of the service of purely temporary Lecturers appointed on or before 28.02.1982 approved by the Chancellor vide letter no. BSU-25/85-283-GS(1) dated 29-01-1986 and after shifting back the absorption /regularization to give all consequential benefits including seniority and monetary benefit.

and/or (iii) For issuance of a writ /order/direction for which the petitioner may be found legally entitled to under the facts stated above herein under.”

3. The brief facts of the present case is that the petitioner joined the post of Lecturer in Samta College, Jandaha on 11.09.1981, which was affiliated to the then Bihar University, Muzaffarpur. The said college was converted into a constituent unit of the then Bihar University, Muzaffarpur. The Chancellor of the Universities, through letter no. BSU-25/85-283-GS (1) dated 29.01.1986, issued guidelines for the regularization of services of purely temporary lecturers who were appointed on or before 28.02.1982. The criteria for regularization stipulated that purely temporary lecturers serving in the universities or colleges as of that date shall be appointed by the Syndicate or the Governing Body, as applicable, into regular service if they meet the following conditions: (a) they were appointed as a Lecturer on a purely temporary basis on or before 28.02.1982 and have since been continuously serving in the university or college; (b) they possess at least a second-class Master's degree in the relevant subject; and (c) the post to which the Lecturer was appointed was duly sanctioned by the competent authority, or a proposal for sanctioning the post had been submitted by the university or college to the State Government's Department of Education on or before 28.02.1982.

4. The said college was converted into a constituent unit of Bihar University, Muzaffarpur, by the State Government during the 4th Phase. This decision was communicated through a letter issued by the Department of Education, bearing letter no. 1095, dated 19.08.1986, which officially informed the college of its transition from an affiliated college to a constituent unit of the university.

5. The State Government, through letter no. 38C dated 01.02.1988, informed all university registrars regarding the ad-hoc adjustment/absorption of teaching and non-teaching staff from colleges that became constituent units during the 4th Phase. This communication followed the State Government's decision based on the recommendations of a three-member inquiry committee, chaired by the President/Chairman of the Inter-University Board, which submitted a report on ad-hoc adjustment/absorption. In the list issued for Bihar University, Muzaffarpur, concerning Samta College, Jandaha, the petitioner's name was included among the approved teachers, occupying the first post in the Department of English (Annexure

2 of the Writ Application).

6. The