IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.674 of 2008 SWAMY DAYANAND ARYA(B.ED.)TEAC… Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr.Chitranjan Sinha, Sr. Advocate Mr. Bipin Kumar Mr. Arun Kumar For the State : Mr. Manu Shankar Mishra, GP- X Mr. Suresh Mishra, JC For the University : Mr. Yugal Kishore, Sr. Advocate --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th September, 2008 The appeal suffers from delay of ten days and for condonation thereof, an application (IA No.5238 of 2008) has been made. 2. Even if we condone the delay in filing the appeal for the cause set out in the application, we are of the considered view that the letters patent appeal does not deserve to be admitted. 3. The writ petition came to be filed by the appellant on 3rd of October, 2007, seeking direction to the Magadh University and its authorities (respondent nos. 3 to 7) to accept the filled up forms of the examinee of the College for the Sessions 1992 -93 to 1996 -97 and allow them to appear in the examination scheduled to be held by the University or in the alternative to direct them to 2 conduct examination. According to the petitioner – institution, it is recognized institution of the state government and is also a minority institution established under Articles 29 & 30 of the Constitution of India. 4. The single judge dismissed the writ petition on the ground of laches. This is how, the single judge considered this aspect of the matter in paras – 6 & 7. It reads thus: “Counsel for the petitioner in his rejoinder has submitted that the order of this court dated 29.1.1997 passed in the said Letters Patent Appeal will have no bearing over the facts of the present case as relief prayed for this application proceeds on the basis that the Affiliation Committee of the University presided over by the Vice- Chancellor considered the case of the college on 1.12.1998 i.e. after the disposal of the said L.P.A. and recommended affiliation on the basis of which College and students were registered and examination fee deposited under receipt dated 23/24.3.1999 as such according to the learned counsel for the petitioner the said L.P.A. orders will have no bearing on the facts of the present case. I see substance in the submission of the counsel for the petitioner that the L.P.A. order dated 29.1.1997 shall have no bearing over the facts of this case as writ application is founded on the basis of the recommendation of the affiliation Committee which is dated 1.12.1998 including the subsequent orders issued by the Registrar of the University which is dated 18.12.1999 as contained in Annexures-11 and 12 as also the fact that the registration and examination fees were taken from the college on 23/24.3.1999 which is evident from Annexure- 13. Having held that the L.P.A. order dated 29.1.1997 will have no bearing over the facts of this case still I am loath to grant the relief prayed for as the college having deposited the registration and examination fees on 23/24.3.1999 ought to have approached this Court within a reasonable time and not after seven years of the refusal of the University to admit its students in the B. Ed. Examination and accordingly on the ground of delay alone I dismiss this writ application.” 3 5. In our considered view, due to unexplained delay of almost 10 years, the direction sought for could not have been granted in extraordinary jurisdiction. 6. Consideration of the matter by the single judge is in accordance with law justifying no interference by us. 7. Letters patent appeal stands dismissed, accordingly. This disposes of IA. No.5238 of 2008 as well. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/