ASHOK NANDAN KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 17.8.1999 passed by the Registrar of Babasaheb Bhimrao Ambedkar Bihar University (Annexure -8) whereby the prayer of the petitioner for regularising his service as Laboratory Incharge in the department of Botany of L.N. College, Bhagwanpur has been rejected. Further prayer made by the petitioner is to quash the order dated 8.10.1999 (Annexure -9) whereby the State Government has declined to give approval for the absorption of the petitioner in service.

(2.) ACCORDING to the petitioner, he was appointed as Laboratory Incharge in the department of Botany in L.N. College, Bhagwanpur by the Principal of the said College on 2.9.1985 and when his service was not being regularised and salary not paid, he preferred C.W.J.C. No. 4343 of 1996. before this Court. The said writ application, when taken up for consideration on 27.3.1997 a prayer was made by the petitioner to withdraw the same with liberty to him to file representation before the University in view of the judgment of the Full Bench of this Court in the case of Braj Kishore Singh and Ors. vs. The State of Bihar & Ors., 1997(1) PLJR 509. Prayer of the petitioner was allowed and it was directed that in case the petitioner files representation, same be disposed of within a period of three months. In the light of the aforesaid, petitioner filed representation and by the impugned order, his prayer for regularisation has been rejected.

(3.) THE cases of Yawar Ali Rizvi and Harendra Kumar Singh have also been considered by the university and they have been found to have been working and hence, respondents came to the conclusion that their cases stand on different footing. The aforesaid finding has been arrived at by the University on consideration of relevant material and impugned orders being based on such finding do not call for interference by this Court in exercise of its writ jurisdiction.