Patna High Court
Jay Prakash Ramani and OrsversusThe B. N. Mandal University and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court directed the Registrar of Purnea University to consider the petitioners' representation and to pass appropriate orders for their regularization, thereby disposing of the writ petition.
Summary
The petitioners, a group of employees of Purnea University, filed a writ petition seeking a mandamus directing the university authorities to regularize their services, as they had been working on vacant sanctioned posts since their initial appointment and were being treated as daily wagers. They relied on the precedent of Dayanand Yadav & Anr v. State of Bihar, CWJC No. 9411 of 2020, arguing that similar relief should be granted. The university contended that appropriate directions could be issued for considering the grievances in accordance with law. The Court, after hearing both sides, directed the Registrar of Purnea University to consider the petitioners' representation and to pass appropriate orders for their regularization. Accordingly, the writ petition was disposed of with the said direction.
Issues considered
- What relief, if any, is available to the petitioners seeking regularization of their services on vacant sanctioned posts?
- Whether a writ of mandamus can be issued directing the university to regularize the petitioners' appointments?
Subjects
- regularization of services
- mandamus
- writ jurisdiction
- vacant sanctioned post
- public university
- service regularisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7396 of 2018
======================================================
1. Jay Prakash Ramani and Ors S/o Gopal Ramani Residing at Sant Kabir
Nagar, Hawai Adda Court Station Purnea, P.S. K.Hat, District- Purnea.
2. Dewan Mandal S/o Kapil Mandal Residing at Sant Kabir Nagar, Hawai
Adda Court Station Purnea, P.S. K.Hat, District- Purnea.
3. Piramber Mandal S/o Kulay Mandal Resident at Purnea College, Hara, P.S.
K.Hat, District- Purnea.
4. Shambhu Prasad Yadav Son of Sattan Yadav Resident at Yadav Tola
Madhubani, Paijnath Puri, P.S. K. Hat, District Purnea.
5. Bharat Ray Son of Kapil Mandal Residing at Parwati Hata Opposite
Railway Line, P.S. K. Hat, District- Purnea.
6. Amresh Kumar Srivastavaf Son of late Satya Narayan Prasad Residing at
Purnea Court, Maharani Hata, Janta Chowk, Purnea, P.S. and District-
Purnea.
... ... Petitioner/s
Versus
1. The B. N. Mandal University
2. The Registrar, The B.N. Mandal University Lallo Nagar, Madhepura.
3. The Purnea University, Purnea through its Vice Chancellor.
4. The Registrar, Purnea University, Purnea.
5. The Principal, Purnea College, Purnea.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Bihari Singh, Adv.
For the Respondent/s : Mr.Ritesh Kumar, Adv.
For the University : Ms. Aditi Sharma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
6 31-03-2026 Heard learned counsel for the petitioners and learned
counsel for the Respondents-State.
2. At the very outset, learned counsel for the
petitioners submits that the case of these petitioners are squarely
covered by the case of Dayanand Yadav & Anr v. The State of
Bihar and Ors passed by the Hon’ble Division Bench in CWJC
No. 9411 of 2020, therefore, the instant case may also be
Patna High Court CWJC No.7396 of 2018(6) dt.31-03-2026
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disposed of in light of the aforesaid judgment. The judgment
passed by the Hon’ble Division Bench reads as under:-
“Heard learned counsel for the
petitioners and the State.
In the present writ application, the
petitioners have prayed for issuance of a
writ in the nature of Mandamus commanding
and directing the respondents-authorities to
regularize the services of the petitioners who
are working on vacant sanctioned post since
their date of initial appointment and for
continuous working on sanctioned post and
perennial requirement of works have been
made to work as daily wager/or on contract
and further for payment in regular scale of
pay and for issuance of any other
appropriate writ or writs, orders or
directions to which the petitioners may be
found legally entitled to.
Considering the relief(s) sought
for, the petitioners are directed to file a
representation before the Registrar, Purnea
University, Purnea, Bihar (respondent No. 6)
who shall consider the said representation
and pass an appropriate order in
accordance with law.
With the aforesaid observation and
direction, this writ application stands
disposed of.
3. Learned counsel for the University submits that the
appropriate direction may be issued for considering the
grievances of the petitioners, in accordance with law.
4. Considering the submissions of the parties and the
fact that the counsel for the petitioners seeks disposal of the case
Patna High Court CWJC No.7396 of 2018(6) dt.31-03-2026
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in similar terms as has been directed in the case of Dayanand
Yada (supra), the instant writ petition is disposed of by directing
the Respondent No.4/ Registrar, Purnea University, Purnea, that
the entire exercise is required to be carried out for regularization
of the petitioners in above terms and upon consideration,
appropriate orders be passed in the matter with regard to
regularization of the cases of these petitioners.
5. The writ petition stands disposed of.
(Ajit Kumar, J)
perwez
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