IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13058 of 2006 Ramesh Kumar, son of late Rajdeo Sinha, Resident of Mohalla Maula Bagh, P.S. Sadar, District Bhojpur, at present Resident of Village Gopalpur, P.S. Rani Talab, District Patna. ------- Petitioner Versus 1. Vice Chancellor, Veer Kuer Singh University, Arrah. 2. Principal, Sahja Nand Bharamarishi College, Arrah. -------- Respondents ----------- 2 10.11.2010 Having heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and taking into consideration the limited relief prayed in this writ application, which reads as below:- “1(A) A writ in the nature of a Mandamus or any other appropriate writ/writs, order/orders, direction commanding the Respondents to absorb the petitioner on a vacant post of Laboratory Assistant or any other post vacant as the petitioner had been in the service of the Respondents.” this Court is of the considered view that there can be no question of absorption of the petitioner on the post of Laboratory Assistant in the Department of Pharmacy of Shahjanand Brahamarshi College, Arrah for two reasons, namely,:- (i) The appointment of the petitioner was not made by the competent authority, 2 inasmuch as, in a constituent college, it is the Vice Chancellor who alone under Section 10 of the Bihar State University Act has been vested with power for making appointment on any Class-3 or Class-4 post. (ii) The Department in which the petitioner was engaged by the Principal of the college was also abolished way back in the year 1992-93 and, therefore, the claim of absorption of non-working employee like the petitioner, who had already gone home after the abolition of the Department of Pharmacy in the college, having a gap of fourteen years before filing of this writ application, this writ application must be held to be also not maintainable on account of unexplained delay and laches. Merely because some of the persons in the year 1992-93 upon abolition of the Department of Pharmacy were 3 allegedly absorbed in the University would confer no right to the petitioner to claim such a relief after a lapse of more than fourteen years and that too when his initial appointment was itself ab initio void. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)