IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12517 of 2026 ====================================================== 1. Braj Kishor Sharma Son of Late Kapildeo Singh, Resident of Village - Shankar Saraiya, P.S. -Turkaulia, District - East Champaran. 2. Ashok Kumar Singh, Son of Late Kamleshwar Singh, Resident of Village - Barmushwa, P.S. Harsidhi, District - East Champaran. 3. Nand Kishor Kumar, Son of Late Sukan Baitha, Resident of Village Shankar Saraiya, P.S.-Turkaulia, District - East Champaran. 4. Satish Kumar, Son of Late Ramchandra Prasad, Resident of Village - Belisarai, Behind of Zila School Hostel, P.O. and P.S. - Motihari, District- East Champaran. 5. Sunil Kumar, Son of Sri Radha Raman Singh, Resident of Village Paithanpatti, P.S. Harsidhi, District - East Champaran. 6. Rajeev Ranjan Kumar, Son of Sri Bhuneshwar Prasad, Resident of Village Kapurpakadi, P.S. Shikarganj, District - East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Science and Technology, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Science and Technology, Govt. of Bihar, Patna. 3. The Director, Department of Science and Technology, Govt, of Bihar, Patna. 4. The Principal, Motihari College of Engineering, Motihari, P.S. -Muffasil, District - East Champaran. 5. The Registrar, Motihari College of Engineering, Motihari, P.S. Muffasil, District - East Champaran. 6. The Officer on Special Duty, Motihari College of Engineering, Motihari, East Champaran. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the State : Mr. Uday Bhan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 18-08-2026 Heard Mr. Madhurendra Kumar, learned Advocate for the petitioners and Mr. Uday Bhan Singh, learned Advocate for the State. Patna High Court CWJC No.12517 of 2026(2) dt.18-08-2026 2/4 2. The petitioners were initially appointed as a guest instructor in the Motihari College of Engineering, Motihari in pursuance of the advertisement issued by the Officer-on-Special Duty, Motihari College of Engineering, Motihar in the year 2009, except petitioner No.4 who was appointed as a guest instructor vide Letter No.763 dated 22.01.2010. It is further contended that subsequent thereto, the Motihari College of Engineering has come out with another advertisement in the year 2011 and the petitioners having the requisite qualification as per terms of AICTE norms have applied for the same and on being found eligible were duly appointed. The petitioners are also having qualification of 2 years I.T.I in the respective trades and 1 year apprenticeship, besides holding diploma. Considering the perennial nature of work, the petitioners have been allowed to discharge their duties for over a period of one decade, there is nothing on record which suggest that they are not fit for regularization. 3. Referring to the decision rendered by the Apex Court in the case of Jaggo vs. Union of India & Ors. [SLP Case No.5580 of 2024], Vinod Kumar & Ors. vs. Union of India & Ors. [SLP(C) Nos.22241-42 of 2016] and recently the decision rendered in Bhola Nath vs. The State of Jharkhand & Patna High Court CWJC No.12517 of 2026(2) dt.18-08-2026 3/4 Ors. [2026 SCC OnLine SC 129], learned Advocate for the petitioners submitted that their cases are also required to be considered for regularization in the light of the pronouncements referred hereinabove. 4. On the other hand, learned Advocate for the State submitted that the petitioners have already approached before the concerned authorities including the Principal Secretary, Science and Technology, Government of Bihar, who is the competent authority to look into the matter or else he prays for a short adjournment to apprise this Court with regard to the present position. 5. Having considered the nature of the grievance and the materials placed in the writ petition, this Court deems it fit and proper to direct the petitioners to file a fresh representation along with the copy of the order of this Court before the Principal Secretary, Science and Technology, Government of Bihar, Patna preferably within a period of four weeks from today, annexing all the relevant documents and the order of the Hon’ble Supreme Court on which they have placed reliance. In case such a representation is filed, within the stipulated period the same shall be considered and disposed of by the concerned respondent, within a further period of 12 weeks. Patna High Court CWJC No.12517 of 2026(2) dt.18-08-2026 4/4 6. The writ petition stands disposed of. Utkarsh.k/- (Harish Kumar, J) U