Murari Milanarun vs The Chancellor Of Universities, ...
2023 Latest Caselaw 743 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.1279 of 2023
     ======================================================

1. Murari Milanarun S/o Late Arun Kumar Mishra, R/o- Brahman Tola, Near Canara Bank, Sabour, P.S.- Sabour, District- Bhagalpur, PIN- 813210.

2. Md. Tahseen Shadab, S/o Md. Wasim Uddin, R/o- Kalali Chowk, Sabour Cinema Hall, Fatehpur, P.S.- Sabour, District- Bhagalpur, PIN- 813233.

... ... Petitioner/s Versus

1. The Chancellor of Universities, Raj Bhawan, Patna through its Principal Secretary.

2. The O.S.D. (Judicial), Governor s Secretariat, Raj Bhawan, Patna.

3. The T.M. Bhagalpur University, Bhagalpur, through its Registrar.

4. The Vice Chancellor, T.M. Bhagalpur University, Bhagalpur

5. The Registrar, T.M. Bhagalpur University, Bhagalpur

6. The State of Bihar, through the Additional Chief Secretary, Deptt. of Education, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

7. The Director, Department of Higher Education, Govt. of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Purushottam Kumar Jha, Advocate For the State : Mrs. Binita Singh, SC-28 For Respondent No. 1 : Mr. Rana Vikram Singh, Advocate For the University : Mr. Ashhar Mustafa, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 10-02-2023

Heard the parties.

2. The petitioners were admittedly appointed on

contract basis in the year 2016. They are claiming regularization

on the post.

3. A contractual employee does not have any right to

claim regularization. He is of course entitled to participate in the Patna High Court CWJC No.1279 of 2023 dt.10-02-2023

regular selections as and when they are to be conducted. No

relief can be granted to the petitioners on the ground of parity as

other persons who are not appointed along with the petitioners

and was regularized much earlier in year 2012 when the

petitioners were not in service.

4. Considering the said aspect, the claim of parity is

also not made out.

5. Writ petition is wholly misconceived and

accordingly, the same is dismissed.

(Sanjeev Prakash Sharma, J) Amrendra/-

AFR/NAFR CAV DATE Uploading Date 13.02.2023 Transmission Date