SUBODH KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Annexure-30 is the order, which has now been passed by the University-Au- thorities, namely, Registrar on the basis of earlier direction issued in C.W.J.C. No. 16969 of 2006 and the consequential Contempt Application filed thereto, which was registered as M.J.C. No. 20 of 2008. The issue is regularization of the service of the two petitioners on a Class-Ill post in what is known as R.D.S. College, Muzaffarpur, which is said to be a constituent college under B.R. Ambedkar Bihar University, Muzaffarpur.

(2.) Based on the direction of the High Court issued in the earlier Writ Application, the University constituted a Three-Men-Committee to examine the cases of all such persons whose claim for regularization was brought before the High Court The Committee, so constituted, heard the various authorities and parties and submitted a report to the University, a copy whereof has been annexed as Annexure-26. The Committee had laid down certain parameters, which was required to be fulfilled by all the candidates before their claim or case for regularization could be considered. Some of these parameters were that:

(3.) Claim of these petitioners with regard to the college in question was placed under category-C. After much deliberation and effort, recommendation in favour of the two petitioners according to the counsel of the petitioners was made in terms of Annexure-27. So far as these two petitioners are concerned, the chart, kept at page 89, shows that the petitioners had been engaged as Clerks by the Principal of the College under certain exigencies of service then, which would be evident from perusal of the appointment letter contained in Annexures-1 and 2. With regard to the availability of the post, the finding of the Committee is that now there are three vacant posts available of Class-Ill category due to superannuation of certain employees and, therefore, their claim could be considered for regularization against those vacant posts by the University.