Patna High Court
Satish Chandra PathakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RITESH KUMAR
Holding
The petition is dismissed as the petitioner is ineligible for regularisation having exceeded the superannuation age and no statutory provision permits such regularisation.
Summary
Satish Chandra Pathak, an ad‑hoc lecturer appointed in 1988, was terminated following the Supreme Court's 2007 order directing removal of all ad‑hoc teachers. A three‑member committee appointed by the Bihar government in 2017 examined his eligibility and, in its 2020 report, found him qualified but noted he had already attained the superannuation age of 65 in May 2018. The petitioner filed a writ seeking regularisation and consequential benefits, arguing the committee’s recommendation should bind the university. The respondents contended that no statutory provision exists for regularising ad‑hoc lecturers and that the petitioner was beyond the age limit at the time of consideration. The High Court held that, given the absence of a regularisation provision and the petitioner’s age, the writ had no merit and dismissed the petition.
Issues considered
- Whether an ad‑hoc lecturer who has crossed the statutory superannuation age can be regularised and awarded benefits under the committee’s recommendation.
- Whether any provision exists in Bihar university statutes or service rules for the regularisation of ad‑hoc teachers.
Subjects
- ad‑hoc teacher
- regularisation
- superannuation
- university appointments
- writ petition
- termination order
- age limit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8084 of 2022
======================================================
Satish Chandra Pathak Son of Savita Nand Pathak Resident of Village-
Untamadarpur, Jehanabad, P.S.- Jehanabad, Dist.- Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Principal Secretary, Higher Education, Vikas
Bhawan, Patna.
2. The Additional Secretary Higher Education Department, Vikas Bhawan,
Patna.
3. The Magadh University through its the Registrar Magadh University, Bodh
Gaya.
4. The Registrar Magadh University, Bodh Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate
: Mr. Amrendra Kumar Sinha, Advocate
For the State : Mr. Shankar Kumar Thakur, AC to GP-27
For the MU : Mr. Om Prakash Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL JUDGMENT
Date : 09-04-2026
Heard the learned counsel for the parties.
2. The present writ petition has been filed for directing
the respondents to regularise the services of the petitioner on the
post of Assistant Professor/Lecturer in the S.S. College,
Jehanabad, constituent college of Magadh University, Bodh Gaya
in view of the report submitted by three men committee
constituted vide Memo No. 15/M 1:29/2006:1342 dated
14.07.2017 with all consequential benefits.
Patna High Court CWJC No.8084 of 2022 dt.09-04-2026
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3. The brief facts giving rise to the present writ petition
are that the petitioner was appointed against a vacant and
sanctioned post of Lecturer in the department of Hindi, S.S.
College, Jehanabad on 05.02.1988 by the Principal of the
concerned College. Pursuant to the order dated 18.05.2007 passed
by the Hon’ble Supreme Court of India in Civil Appeal No.
1601:1602 of 2004, all the ad hoc teachers working in the different
universities/colleges were relieved from their respective posts. A
committee was constituted by the State Government vide Memo
No. 15 M 1:29.2006:1342 dated 14.07.2017 to enquire into the
eligibility and other requirements of the ad hoc lecturers, whose
services were terminated, in view of the order dated 18.05.2007
passed by the Hon’ble Supreme Court of India. The committee,
after verification of the documents/qualification related to the ad
hoc lecturers, submitted its report on 26.08.2020, wherein with
regard to the petitioner, it has been recorded that he fulfills the
requisite qualification, however he retired from service, since his
date of birth was 09.05.1953.
4. The learned counsel for the petitioner submits that
since the committee, with regard to the petitioner, came to the
conclusion that he was eligible, therefore it was incumbent upon
the respondent-University to regularise the services of the
Patna High Court CWJC No.8084 of 2022 dt.09-04-2026
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petitioner and to pay all the consequential benefits to the
petitioner, till he attained the age of superannuation.
5. An interlocutory application bearing I.A. No. 01 of
2025 has also been filed on behalf of the petitioner wherein a
prayer has been made for quashing Memo No. 2074 dated
21.06.2023, issued under the signature of the Joint Secretary,
Department of Education, Government of Bihar, Patna whereby
and whereunder the claim of the petitioner has been rejected.
6. The learned counsel for the petitioner submits that the
petitioner deserves to be regularised on the post of
Lecturer/Assistant Professor in the college concerned, since he has
the requisite qualification and the committee recommended his
case for being regularised, even then the respondents have not
taken any decision in the matter of the petitioner.
7. Per contra, the learned counsel appearing on behalf of
the respondent-State and University submits that in view of the
direction contained in order dated 18.05.2007 passed in Civil
Appeal No. 1601:1602 of 2004, the Department of Education,
Government of Bihar, Patna vide Memo dated 24.12.2001 directed
the Registrar, Veer Kunwar Singh University, Ara to terminate the
services of the ad hoc teachers of the University, who were
appointed prior to 10.02.1989. Further, the committee, which was
Patna High Court CWJC No.8084 of 2022 dt.09-04-2026
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constituted pursuant to the order dated 18.05.2007, passed by the
Hon’ble Supreme Court of India, recommended the case of only
one ad hoc teacher, namely, Sri Hafiz Rukuuddin Ahmad, ad hoc
teacher, English, S.M.S.G. College, Sherghati and pursuant
thereto, vide Memo No. 2074 dated 21.06.2023 issued under the
signature of the Joint Secretary, Department of Education,
Government of Bihar, Patna, it has been directed that in the next
appointment of Assistant Professor, in the Universities situated in
the State of Bihar, the said Sri Hafiz Rukuuddin Ahmad will be
permitted to submit his application and a decision has been taken
to condone the upper age limit, so far Hafiz Rukuuddin Ahmad is
concerned.
8. The learned counsel for the respondent-State submits
that there is no provision for regularisation of services of any
lecturer in college/university and the appointment of
Lecturer/Assistant Professor is made by open advertisement on the
recommendation of Bihar Public Service Commission and now the
Bihar State University Service Commission. He further submits
that the petitioner has already crossed the age of superannuation,
prior to submission of the report by the committee, therefore his
case is not fit to be considered at this stage.
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9. Having heard the rival submissions and after going
through the records, it appears that the petitioner was working as
an ad hoc teacher in S.S. College, Jehanabad and was terminated
from service after passing of the order dated 18.05.2007 by the
Hon’ble Supreme Court of India in the case of Veer Kunwar
Singh University Ad Hoc Teachers Association and Others
versus the State of Bihar and Others. The State Government
constituted a three men committee to enquire into the eligibility
and other aspects of the teachers, who were working, prior to the
termination order and the committee submitted its report in 2020,
wherein it has been recorded that the petitioner fulfills the criteria,
however he crossed the age of superannuation on completion of 65
years of the age in May, 2018. Since, there is no provision for
regularisation of lecturer in the university/colleges in the State of
Bihar, and even for consideration of the case of the petitioner, for
being appointed as an ad hoc teacher, he has already crossed the
age of superannuation, prior to filing of the writ petition and prior
to the recommendation which has been made in his favour by the
three men committee, no relief can be granted to him.
10. Accordingly, this Court finds no merit in the writ
petition and accordingly the same is dismissed.
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11. Pending applications, if any, shall also stands
disposed of.
(Ritesh Kumar, J)
AjayMishra/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.04.2026
Transmission Date NA
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