IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2320 of 2006 SHIVA NANDAN MANDAL, son of Late Chunchun Mandal, resident of village/ Mohalla Adampur, Police Station Campur, Manick Sarkar Chowk, P.S.Adampur, District Bhagalpur. Versus 1. HON'BLE CHANCELLOR,UNIVERSITIES of Bihar, Patna, Bihar. 2. State of Bihar through Secretary Higher Education, Bihar, Patna. 3. Vice Chancellor, T.M. Bhagalpur University, Bhagalpur, Bihar. 4. Registrar, T.M. Bhagalpur University, Bhagalpur, Bihar. 5. Principal, Bhagalpur National College/ previously known as Bhagalpur Evening college, Bhagalpur. ----------- 2 6.10.2010 No one appears for the petitioner. Counsel for the State and the University are present. Counsel for the University would point out that the petitioner while assailing the two orders passed by the University dated 18/22-7-1995 (Annexure-5) and 20/25.9.1997 (Annexure-7) has tried to raise a wholly stale claim. In the opinion of this Court, counsel for the University seems to be correct, inasmuch as, the alleged appointment of the petitioner in the College in the year 1969 was in the form of honorary assignment of duty as is apparent from reading of order dated 13.4.1969. It is also clear that the petitioner could not continue in service for one reason or another after the year 1976 even by way of such honorary assignment. This aspect of the matter is borne out from the reading of petitioner’s own representation dated 6.1.1977 addressed to the Principal of the College, wherein he has admitted to have been thrown out from the College. The petitioner, therefore, having not been in the College from 1977 onwards and pursuing his case before the 2 authority where also he could not get any effective relief as is apparent from reading of Annexures 5,6 and 7, he cannot be allowed to raise the issue as with regard to his absorption in the College simply because such College has now became a constituent College. That being so, it must be held that it is a frivolous and much belated writ application in which no interference is called for by this writ. It is accordingly dismissed. Abhay Kumar ( Mihir Kumar Jha, J.)