IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No.94 of 2025 In Civil Writ Jurisdiction Case No.11309 of 2014 ======================================================

1. Jai Prakash University Chapra through Vice Chancellor, Chapra at Saran

2. The Registrar, J.P. University, Chapra (Saran)

3. The Finance Advisor, Jai Prakash University, Chapra (Saran) 4. The Finance Officer, Jai Prakash University, Chpara (Saran)

... ... Petitioner/s Versus

1. Md. Nurulain Son of Late Md. Zakaria R/o Mohalla- Nabiganj (Near Dado Saheb Ka Majar) P.O.-Chapra P.S-bhagwan Bazar, District-Saran

2. The State of Bihar through the Secretary Higher Education, Government of Bihar, Patna.

3. The B.R.A. Bihar University Muzaffarpur through its vice chancellor.

4. The Registrar, B. R.A. Bihar University, Muzaffarpur.

5. The Principal, Rajendra College, Chapra.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Bajarangi Lal, Advocate For the State : Mr. Sarvesh Kumar Singh, AAG-13 For the O.P. No.1 : Mr. Arshad Alam, Advocate Ms. Anjum Parveen, Advocate Mr. Kamran Fazal, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY

ORAL JUDGMENT

Date : 01-08-2025

1. Heard learned counsel for the Jai Prakash University, Chapra/petitioners, learned counsel for the writ petitioner/opposite no.1 and learned counsel for the other opposite parties.

2. The petitioners have filed the instant application praying for review of the judgment dated 1.3.2024 passed in CWJC no.11309 of 2014. The reliefs sought for by the petitioners in paragraph no.1 of the review application is reproduced herein below for ready reference :-

“i. For Review of the order dated 01-

03-2024 passed by the Honb’le Mr. Justice Partha Sarthy in C.W.J.C.No.-11309 of 2014 as the order under review has been obtained by suppressing material fact before this Hon'ble court that representation of petitioner for regularisation of service of the petitioner was earlier rejected vide order dated 20-05-1996, but without assailing the said order of rejection the petitioner managed to continue on the post and subsequently he filed another representation and successfully got his service regularised vide memo no.-3769 (R) dated-15.07.2013 and then he claimed consequential and financial benefit in instant writ petition under review.

ii. To Re-hear the writ petition afresh after giving due opportunity of hearing to the present petitioners and dismiss the writ petition.

iii. For grant of liberty to the petitioner University to take appropriate departmental action against the petitioner in the facts and circumstances of the present case especially in view of the fact that the writ petitioner has succeed in getting the order of regularisation dated 15-07-2013 in complete suppression of fact that representation for regularisation of his service was already rejected on 20-05-1996 iv. For any other order/ orders to which petitioner is entitled in the facts and circumstances of the instant case.”

3. The case of the writ petitioner/opposite party no.1 in brief is that having been appointed as an Assistant on temporary basis on 24.7.1981, the services of the writ petitioner not having been regularised, he moved this Court in CWJC no.7593 of 1994 which was disposed of by order dated 24.1.1996 giving liberty to the writ petitioner to pursue the matter before the Vice Chancellor.

4. The representation filed by the writ petitioner for regularization was rejected on 20.5.1996, however on his representing once again, the University came out with an order on 15.7.2013 regularising his services on the post of Accounts Assistant in the Rajendra College, Chapra. The said regularisation was against the sanctioned vacant post in the prescribed scale of pay with admissible allowance with retrospective effect ie from 21.4.1981.

5. Not having been paid the consequential benefits on regularisation, the writ petitioner moved this Court in CWJ