JUDGMENT : I.A. No. 7844 of 2017 This Interlocutory Application is for condonation of delay of 26 days in filing the appeal. 2. We have gone through the application for condonation of delay and find that there was sufficient cause for which the appeal could not be filed within the prescribed time by the appellant. 3. We, accordingly, condone the delay of 26 days in filing the appeal. 4. I.A. No. 7844 of 2017 stands disposed of. L.P.A. No. 499 of 2017 5. This appeal is by a teaching staff of Vaidnath Kamal Kumari Sanskrit College, Deoghar and in the appeal he essentially questions his superannuation at the age of 60 years. The other grievance of the appellant is that he is not being granted any post retiral benefits like pension at par with teaching staff of different colleges under the Vinoba Bhave University. Such pleas of the appellant have been rejected by the learned First Court by a judgment delivered on 25th July, 2017. The appellant claims his retirement age ought to be 65 years at present in terms of the provisions of Section 67 (A) of the Jharkhand State Universities Act, 2000. 6. The appellant had joined the said institute on 1st May, 1980 as Lecturer. There is some dispute as to whether the appellant had joined the institute when it was a school, but resolution of that controversy is not necessary so far as the present appeal is concerned. We have to determine as to whether the institute had got elevated to the status of a college, on the basis of which the appellant has staked his claim. 7. At the time of his joining, the institute was under the Kameshwar Singh Darbhanga Sanskrit University, Darbhanga. After formation of the State of Jharkhand, the institute came under the fold Vinoba Bhave University, Hazaribagh. The respondents' case is that the appellant was teaching in an intermediate institute. We are apprised by Mr. Singh, learned counsel for the University that an intermediate institute is regulated by Jharkhand Academic Council constituted under the Jharkhand Academic Council Act, 2000, but exception has been made in respect of three kinds of institutes who were imparting intermediate training in Homeopahty, Ayurvedic and Sanskrit. We are apprised by Mr. Singh, learned counsel for the University that an intermediate institute is regulated by Jharkhand Academic Council constituted under the Jharkhand Academic Council Act, 2000, but exception has been made in respect of three kinds of institutes who were imparting intermediate training in Homeopahty, Ayurvedic and Sanskrit. This appears from Annexure-2 of the memorandum of appeal, which we quote below, along with its English translation; ^^>kj[k.M ljdkj ekuo fodkl foHkkxA vf/klwpukA jk¡ph] fnukad 27-8-2001 la[;k&5@LFkk 5&02@2001 ek0& 252@'kklu ds vkns'kkuqlkj >kj[k.M jkT; esa vofLFkr laLd`r egkfo|ky;ksa] vk;qosZn egkfo|ky; rFkk gksE;ksiSfFkd egkfo|ky;ksa ds laca/k ,oa lHkh dk;Z iathdj.k@ijh{kk lapkyu@ikB~;dze dk fu/kkZj.k bR;kfn ¼tks >kj[k.M jkT; ds xBu ds iwoZ dfe'uj flag laLd`r fo'ofo|ky; njHkaxk }kjk fd;k tkrk FkkA vc oSls izd`fr ds lHkh dk;ksZa dks lEekfur djus dh 'kfDr;ksa fouksok Hkkos fo'ofo|ky;] gtkjhckx dks lkSaih tkrh gSA 2& ;g vkns'k >kj[k.M jkT; ds xBu dh frfFk & 15-11-2000 ds izHkko ls izHkkoh ekuk tk;sxkA jkT;iky ds vkns'k ls g0& vLi"V 25-08-01 ¼,u0 ,u0 ik.Ms;½ lfpo ekuo lalk/ku fodkl foHkkxA Kkikad & 252] jkaph] fnukad 27-8-2001 izfrfyfi & v/kh{kd jktdh; eqnz.kky;] Mksj.Mk] jk¡ph dks jkt i= ds vxys vad esa izdk'kukFkZ vxzlkfjrA g0&vLi"V 25-08-01 ¼,u0 ,u0 ik.Ms;½** “Government of Jharkhand Department of Human Resources and Development. Notification. Ranchi, dated 27.08.2001 Number-5/Stha 5-02/2001 Ma.-252/ as per the order of Government affiliation and all works (Registration/conduct of examination/prescribing of syllabus etc.) of Sanskrit Colleges, Ayurved College and Homeopathic Colleges situated in the State of Jharkhand, which were earlier being done by Kameshwar Singh Sanskrit University, Darbhanga before the creation of the State of Jharkhand. Now, the power to perform all works of such nature is being entrusted to the Vinoba Bhave University, Hazaribag. 2. This order shall be effective from 15.11.2000, the date of creation of the State of Jharkhand. By the order of Governor Sd/- (N.N. Pandey) Secretary Human Resources Development Department.” Thereafter, on 14th November, 2006 a resolution was taken by the Academic Council of the Vinoba Bhave University, Hazaribagh to permit the institute to start degree course in Shastri. 8. Both Mr. Singh and Mr. Giri representing the University and the State have submitted that the approval of the State Government for this purpose was never taken. Such approval is necessary in terms of Section 4 (19) of the Jharkhand State Universities Act, 2000. 9. Mr. Ranjan Kr. 8. Both Mr. Singh and Mr. Giri representing the University and the State have submitted that the approval of the State Government for this purpose was never taken. Such approval is necessary in terms of Section 4 (19) of the Jharkhand State Universities Act, 2000. 9. Mr. Ranjan Kr. Singh, learned counsel for the appellant-writ petitioner has founded his client’s claims on the resolution and according to him the appellant had acquired the status of a teacher of a college and thus became entitled to the enhanced retirement age along with pensionary benefits. 10. In their counter-affidavit, the State, however, has taken specific stand that the institute had remained an intermediate level teaching college and a teaching staff of such institute would not be entitled to the benefits the appellant is seeking. It is also the stand of the State Government that it never granted approval or recognition in consequence of the said resolution of 14th November, 2006 to start the degree courses. It is not in dispute that to be entitled to the benefits the appellant is seeking, an incumbent has to come within the ambit of definition of teacher under the Jharkhand State Universities Act, 2000. Section 2 (v) of the said Act defines teacher as:- “Section 2(v). “Teacher” includes Principal, University Professor, College Professor, Reader, Lecturer, Demonstrator and other person imparting instruction in department, college or institute maintained by the University;” 11. The definition of college has been given in the Section 2(f) of the same statute:- “Section 2 (f). “ College” means an institution maintained or controlled by the University or maintained by the State Government in which instruction is given subject to the provisions contained in clause (16) of Section 4 to the students of the University upto or below the postgraduate standard under conditions prescribed in the States: Provided that till separate arrangement is made for Intermediate Education, teaching of this standard also shall continue to be imparted in the same College, under the general direction of the Intermediate Education Council and that College shall be deemed to be an institution imparting education of Intermediate standard also.” 12. Mr. Singh sought to distinguish the three types of colleges who are imparting degree level courses in the State. Mr. Singh sought to distinguish the three types of colleges who are imparting degree level courses in the State. These are constituent colleges, whose expenses are fully borne by the State, affiliated colleges in respect of which the expenses are partly borne by the State and the institutes like the one in which the appellant was engaged. These were intermediate institutes to whom certain discretionary grant has so far been given by the State. The said institute is not maintained by the university. 13. We, however, need not go into the question as to which category of the colleges the appellant's institute came under as there is no material before us, on the basis of which the appellant's institute can be held to be a college. There is no provision under the statute for grant of pensioary benefits or enhancement of retirement age in respect of such privately run intermediate institutes. In such circumstances, we are unable to accept the appellant’s stand. 14. We affirm the judgment of the learned First Court and dismiss the appeal. There shall be no order as to costs.