IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14655 of 2010 Dr.Deo Chandra Choudhary, son of late Tripati Narayan Choudhary, residing at Bhawani Niwas, Nargaun Palace, L.N. Mithila University Campus, L.N. Mithila University, Police Station, District and town of Darbhanga. …………Petitioner. VERSUS 1. The State Of Bihar. 2. Principal Secretary, Human Resource Development Department, Government of Bihar, Patna. 3. Secretary, Human Resource Development Department, Government of Bihar, Patna. 4. Lalit Narayan Mithial University, Kameshwarnagar, Darbhanga through its Registrar. 5. Vice-Chancellor, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga. 6. Registrar, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga. 7. Dr. Md. Rahamtullah, son of (not known to the petitioner) through the Registrar, Lalit Narayan Mithila University, Kameshwarnagar, Darbhanga. ----------- 02 13.09.2010 The petitioner challenges Memo No.463 dated 18.08.2010 issued by the Secretary, Human Resource Development Department, Government of Bihar, Patna, to the Vice-chancellor, Lalit Narayan Mithila University, Darbhanga dated 18.08.2010. By the said letter, the Secretary of the Department had directed the Vice- chancellor to immediately transfer the petitioner from the post of Principal. On the face of it, the order cannot be sustained. The Secretary or for that matter the Government had absolutely no authority under the Bihar Universities Act to direct the Vice- chancellor to transfer an employee of the University from one place to another. The Vice-chancellors are not subordinate in any manner to the Secretary or for that matter to the Government. They are appointees by the Chancellor in consultation with the Government and they are subject to control by the Chancellor. Thus, the order of the - 2 - Secretary cannot be sustained. At this stage, learned counsel for the petitioner points out that against this order the petitioner had moved before the Chancellor and the Chancellor has stayed this order. In that view of the matter, the Chancellor already having taken up the issue and stayed the order of the State, the order of transfer consequent to the letter of the State Government. In my view, let the Chancellor examine the matter first. The writ petition is accordingly permitted to be withdrawn to pursue the matter to the level of the Chancellor. The writ petition is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh, J.)