IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.210 of 2008 PROF.UMESH PRASAD Versus THE MAGADH UNIVERSITY &ORS ----------- For the appellant : Mr.Subash Pandey, Advocate Mr. Sanjay Kumar Verma, Advocate For the respondent : Mr.Yugal Kishore Prasad, Advocate No.1 to 4 ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------ Dated, the 22nd September, 2008 The claim of the appellant in seeking seniority from 01st September, 1973 on the post of lecturer, when at that time post was not even sanctioned, and the college was a private college and not a constituent college, is misconceived and rightly negatived. 2. The Single Judge considered the matter thus: “The petitioner claims to have joined the Sardar Patel College, Biharsharif, Nalanda on 1.9.1973 as Lecturer in the Department of Zoology. It is further stated in the writ petition that the post against which the petitioner was subsequently sanctioned by the University by its letter dated 28.2.1975. The petitioner raises a grievance before this court that he is not being given his seniority with effect from 1.9.73 the date on which he joined the department of Zoology and has instead been assigned his seniority with effect from 25.7.77. On a perusal of the materials on record and on consideration of the submissions of learned counsel for the parties, it appears that the petitioner was appointed when perhaps the college was in private hands. The college in due course became a constituent college. The University has, therefore, committed no error in depriving him of his seniority - 2 - for the period the college in private hands.” 3. The consideration of the matter by the Single Judge does not suffer from any legal infirmity. LPA is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. Sunil