IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.633 of 2008 NARAYAN YADAV Versus THE VICE CHANCELLOR,TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR & ORS ----------- For the petitioner/ appellant : Mr. Advocate For the respondents : Mr. ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 18th August, 2008 This letters patent appeal is time barred. For condonation thereof, an application ( I.A.No.4907/08) has been made. Even if we condone the delay for the cause set out in the application, in our considered view, the appeal has no merit and does not deserve to be admitted. 2. The Single Judge in the impugned order noticed thus: “ From the pleadings on record this much is clear that the advertisement of the year 1979 was issued when the college was an affiliated college run by the private governing body. This College in course of time pursuant to the decision of the State Government dated 13.8.1980 became a constituent unit of the Bhagalpur University and thereafter assets and liabilities of the affiliated college were taken over by the University in purported exercise of power U/s 4(14) of the Bihar State Universities Act, 1976. Thus, this Court today cannot direct the University to first appoint the petitioner in the status of peon of the affiliated college and thereafter direct his services to be taken over by the University.” - 2 - 3. We are in full agreement with the view of the Single Judge. The consideration of the matter by the Single Judge does not call for any interference in letters patent appeal. 4. LPA is, accordingly, dismissed in limine. This disposes of I.A.No.4907 of 2008 as well. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil/