IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 8921 of 1995

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Chandreshwar Prasad Sinha, son of Sri Dhanik Lal Mahto, Resident of AT + P.O.

– Amari, Via – Meghaul, District – Begusarai at present posted as Laboratory

Incharge in Zoology Department in U.R. College, Rosera, Samastipur

.... .... Petitioner

Versus

1. Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga through its

Vice-Chancellor

2. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar,

Darbhanga

3. The Principal, U.R. College, Rosera

.... .... Respondents

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Appearance :

For the Petitioner/s :

Mr. Madhuresh Prasad, Advocate

For the University :

Mr. Ajay Bihari Sinha, Advocate

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CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI

ORAL JUDGMENT

Date: 17-01-2013

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The Writ Application of the petitioner was admitted for

consideration whether he had a right of regularization or

absorption in service on the post of Laboratory Incharge in

the U. R. College, Rosera, Samastipur, a so called

constituent unit of L. N. Mithila University, Darbhanga.

Prayer for payment of salary etc. was also made, if the first

part of the relief would accrue to him.

Submission of the counsel for the petitioner has been

that the University and the State authorities have

unnecessarily being unreasonable with him by not

considering his case for regularization, despite his long

period of service in the said College and despite efforts and

recommendations having been made in his favour from time

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to time, which never crystallized into anything substantive.

Appointment of the petitioner for the first time was

made on daily-wage, as would be evident from Annexure-

3, dated 03.08.1984. Thereafter, petitioner had approached

the High Court for a suitable direction, when he was

removed from the post of a Demonstrator. Annexure - 2 to

the Writ Application shows so. Pursuant to the Order,

contained in Annexure – 2, there is yet another

communication, confirming the said position, addressed to

the Registrar of the said University. as would be evident

from letter dated 03.08.1984 itself, which is at page 31.

Since 1985, petitioner is supposed to have continued to

render service in the adhoc capacity as a daily-wager.

Various recommendations at the level of the College as well

as of the University never begot him any permanency or

salary. Therefore, the present Writ Application.

The Court has been taken through the various

annexures, which have been brought on record by the

petitioner to show that the petitioner was working against a

so called sanctioned post of Lab Incharge and his name

had been recommended by the University and the College

authorities for consideration, but for one reason or the other

no finality was achieved and petitioner remained in the

lurch. He has also superannuated in the meanwhile, without

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receiving any benefit of such engagement, appointment or

continuance.

The Court has meticulously gone through these

records and the annexures. Appointment of the petitioner

cannot be said to be by following Article 14 or 16 of the

Constitution of India. It is evident that the Principal of the

College had engaged the petitioner on daily-wage and has

tried to smuggle him in by showing him to be eligible for

permanency due to some vacancy having been available in

the College in question as well as in view of the so called

exigencies of service and need of a hand.

Appointments under constituent Colleges under the

State cannot be made in such a fashion. At a point of time,

an adhoc appointment for a period of six months was

permissib