IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4229 of 2010 1. DR. JAGDHAR MANDAL @ JAGDHAR MANDAL S/O LATE FAREBI MANDAL PRESENTLY WORKING AS LECTURER, POST GRADUATE DEPARTMENT, PHYSICS, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 2. DR. MANINDRA KUMAR SINGH S/O LATE BASUDEV SINGH PRESENTLY WORKING AS LECTURER IN ECONOMICS, MADAN AHILYA MAHILA COLLEGE, NAUGACHHIA, P.S. NAUGACHHIA, DISTT.- BHAGALPUR 3. SMT. DHARMSHEELA KUMARI W/O P.K. SINGH LECTURER IN P.G. DEPARTMENT OF ZOOLOGY, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, P.S. UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 4. DR. K.K. MANDAL S/O LATE DILCHANDRA MANDAL LECTURER IN P.G. DEPARTMENT OF HISTORY, DEPARTMENT OF HISTORY, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 5. DR. RAJ SHEKHAR S/O LATE DIWAKAR PRASAD SINGH LECTURER, P.G. DEPARTMENT OF HISTORY, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, P.S. UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 6. SMT. NISHA KUMARI W/O RAM KRISHNA SHARMA LECTURER IN P.G. DEPARTMENT OF ECONOMICS, T.M. BHAGALPUR UNIVERSITY, BHAGALPUR, P.S. UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 7. DR. ARUN KUMAR SINGH S/O LATE NIRMAL KUMAR SINGH LECTURER IN PSYCHOLOGY, MAHILA COLLEGE, KHAGARIA, P.S. & DISTT.- KHAGARIA 8. SRI K.K. CHAUDHARY S/O LATE SAKALDEEP CHAUDHARY LECTURER IN ECONOMICS, T.N.B. LAW COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 9. SMT. RITA SINHA W/O SHAILENDRA NARAIN LECTURER IN ECONOMICS, S.M. COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 10. SRI GOPAL PRASAD SINGH S/O LATE AMBIKA PRASAD SINGH LECTURER IN IRPM, SABOUR COLLEGE, SABOUR P.S.- SASOUR, DISTT.- BHAGALPUR 11. SRI VIBHANSHU MANDAL S/O LATE JAGDISH MANDAL LECTURER IN HISTORY, MADAN AHILYA COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 12. SRI ASHOK KUMAR SINGH S/O LATE CHANDRADEV PRASAD SINGH LECTURER IN HISTORY, T.N.B. LAW COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 13. SRI RAJ BAHADUR SINGH S/O LATE NAND KISHORE SINGH LECTURER IN HISTORY, MADAN AHILYA MAHILA - 2 - COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 14. SRI DILIP KUMAR SINGH S/O LATE SIYA SHARAN SINGH LECTURER IN HISTORY, S.M. COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 15. SRI AJAY KUMAR SINGH S/O LATE HIRA PRASAD SINGH LECTURER IN SOCIOLOGY, M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 16. SMT. ARATI KUARI D/O OM PRAKASH LECTURER IN PHILOSOPHY, M.A.M. COLLEGE, NAUGACHHIA, P.S. NAUGACHHIA, DISTT.- BHAGALPUR 17. SMT. MANJUSHREE JHA D/O SATYENDRA NARAIN CHAUDHARY LECTURER IN HINDI, M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 18. SRI AMARENDRA KUMAR SINGH S/O SRI GANSHYAM PRASAD SINGH LECTURER IN HINDI, M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 19. SRI CHANDRAMOLESHWAR PANDEY S/O LATE BRAJ BHUSHAN PANDEY LECTURER IN HINDI, T.N.B. LAW COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 20. SMT. VEENA PATHAK W/O LATE PALTU MISHRA LECTURER IN HINDI MARWARI COLLEGE, BHAGALPUR, P.S. - UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 21. SRI ALOK RANJAN S/O KHEMAN LECTURER IN HINDI, MARWARI COLLEGE, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 22. SUDHIR CHANDRA RAI S/O LATE BANARAS LAL RAI LECTURER IN ENGLISH, T.N.B. LAW COLLEGE, P.S.- BARARI, BHAGALPUR, DISTT.- BHAGALPUR 23. SRI ATUL CHANDRA GHOSH S/O SHYAM CHANDRA GHOSH LECTURER IN ENGLISH, MARWARI COLLEGE, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 24. SRI RAJENDRA SINGH S/O RAM PUKAR SINGH LECTURER IN ENGLISH, G.B. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 25. SRI ARVIND KUMAR JHA S/O LATE DHARNIDHAR JHA LECTURER IN SANSKRIT, SABOUR COLLEGE, SABOUR, P.S.- SABOUR, DISTT.- BHAGALPUR 26. SRI PRAMOD KUMAR YADAV S/O BINDESHWARI PRASAD YADAV LECTURER IN SANSKRIT M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 27. SRI KALADHAR MANDAL S/O SUNDAR MANDAL LECTURER IN MATHEMATICS, M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 28. DR. SANTOSH KUMAR S/O RAJA RAM SINGH LECTURER IN MATHEMATICS, T.N.B. COLLEGE, BHAGALPUR, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 29. SRI RAJ KUMAR S/O LAXMI PRASAD BHAGAT LECTURER IN PHYSICS, M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR - 3 - 30. RAJ KAMAL SAHU S/O LATE RAMA BALLABH PRASAD SAHU LECTURER IN CHEMISTRY, M.A.M. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 31. DR. CHANDRA BHANU SINGH S/O SRI NARAIN SINGH LECTURER IN BOTANY, S.M. COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 32. DR. BIJENDRA NARAIN SINGH S/O T.N. SINHA LECTURER IN BOTANY, S.M. COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 33. DR. DILIP KUMAR DAS S/O LATE BASANT KUMAR DAS LECTURER IN BOTANY, G.B. COLLEGE, NAUGACHHIA, P.S.- NAUGACHHIA, DISTT.- BHAGALPUR 34. DR. RAHMAN S/O ABDUL MANNAN LECTURER IN BOTANY, R.D. AND D.J. COLLEGE, MUNGHER, P.S.- MUNGER, DISTT.- MUNGER 35. DR. MADHULIKA SAHAY W/O B.K. SRIVASTAVA LECTURER IN ZOOLOGY, S.M. COLLEGE, P.S.- BARARI, BHAGALPUR, DISTT.- BHAGALPUR 36. SUDHIR NATH JHA S/O LATE CHANDRA NATH JHA LECTURER IN POLITICAL SCIENCE, SABOUR COLLEGE, SABOUR, P.S.- SABOUR, DISTT.- BHAGALPUR 37. DEO NARAIN SHAH S/O GINITI SAH LECTURER IN COMMERCE, MARWARI COLLEGE, BHAGALPUR, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 38. PRABHAT KUMAR RAI S/O RAMASHRAY RAI LECTURER IN P.G., DEPARTMENT OF ZOOLOGY, BHAGALPUR, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 39. KRISHNA NAND CHAUDHARY 'MITRA' S/O LATE YADUNANDAN CHOUDHARY LECTURER IN HINDI, T.N.B. LAW COLLEGE, BHAGALPUR, P.S.- BARARI, DISTT.- BHAGALPUR 40. S.K. JAISWAL S/O RAM JANAM BHAGAT LECTURER, P.G. DEPARTMENT OF PHYSICS, TILKA MANJHI BHAGALPUR UNIVERSITY, P.S.- UNIVERSITY POLICE STATION, DISTT.- BHAGALPUR 41. DR. D.K. GOAL S/O LATE MOHAN RAM LECTURER IN POLITICAL SCIENCE, K.K.M. COLLEGE, JAMUI, P.S. AND DISTT.- JAMUI. VERSUS 1. THE CHANCELLOR OF THE UNIVERSITIES OF BIHAR RAJ BHAWAN, BIHAR, PATNA 2. TILKA MANJHI BHAGALPUR UNIVERSITY THROUGH ITS REGISTRAR 3. VICE CHANCELLOR TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR 4. REGISTRAR TILKA MANJHI BHAGALPUR UNIVERSITY, BHAGALPUR ----------- - 4 - 03 08.09.2010 The petitioners are Teachers who were posted in the University or the constituent Colleges. The University decided to rationalize posting of Teachers in various University Departments and constituent Colleges. A guideline was issued in this regard by the Office of the Chancellor. The University was expected to carry out its exercise according to the guidelines and transfer Teachers accordingly for rationalization of staff commensurate to, inter alia, the students. Pursuant to the aforesaid, petitioners were transferred, they were joined their posts where they were transferred. Subsequently, their transfer orders were withdrawn by the University, pursuant to the some recommendation made by the Syndicate of the Tilka Manjhi Bhagalpur University. Accordingly, petitioners then marched back to their original places they joined and consequently several others were relieved at this stage. It appears that someone moved the Office of the Chancellor and the Chancellor’s Office issued orders staying the order of the University. Petitioners came before this Court challenging this action. This Court granted status quo by order dated 30.03.2010. Interlocutory applications for addition of parties and verification of the orders have been filed. The Principal of one of the Colleges has filed the interlocutory application, seeking direction as to what it is required to do, in view of conflicting orders from the University, from the Chancellor - 5 - and the effect of status quo order granted by this Court in relation thereto. Petitioners’ main grievance is that they have been made to move around like a shuttle cock. They submit that the guideline, as specified by the Chancellor, was not followed properly when their initial transfer was ordered. University realizing the same recalled the earlier transfer order. In my view, it would not be advisable for this Court to get into this controversy at this stage. As guidelines for rationalization of the teaching post and postings accordingly have been laid down by the Chancellor’s Office, it would be that Office which would be in the best position to judge whether University has complied with its direction or not. From the aforesaid facts, it is clear that as of now no one can assure as to whether he is and what is to be done. In such a situation, I request the Chancellor to look into the whole affairs and give suitable direction to the University in regard to the factual arrangement to be made in relation to the petitioners. This Court would request that in view of the confusion that prevail an early decision would be appreciated. The question is what is to be done till Chancellor decides the matter. As noted above, petitioners were first transferred and, then having taken charge, their transfer orders were recalled. They came back and rejoined. Now the order of the University recalling the transfer order has been stayed by the - 6 - Chancellor. The effect is now the petitioners are required to handover charge and moved to the new assignment, whereas people who had already been transferred from the institution are to come back. In my view, status quo as existing to day shall operate till the matter is decided and guidance issued by the Chancellor in this regard. It is expected that the learned counsel for the Chancellor would inform the Chancellor’s Office accordingly for an early action in this regard to resolve the stalemate. With these observations, the writ petition itself disposed of. Trivedi/ (Navaniti Prasad Singh, J.)