IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16189 of 2009 1. DINESH OJHA S/O LATE SUKHDEO OJHA R/O MEHTA COLONY, P.S.- MITHAPARA, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY HIGHER EDUCATION, GOVT. OF BIHAR, PATNA 2. VICE CHANCELLOR KAMESHWAR SINGH DARBHANGA UNIVERSITY, DARBHANGA 3. REGISTRAR KAMESHWAR SINGH DARBHANGA UNIVERSITY, DARBHANGA 4. PRINCIPAL / INCHARGE PRINCIPAL DHARAMSAMAJ SANSKRIT COLLEGE, MUZAFFARPUR ----------- 03/ 17.03.2010 Petitioner has challenged the transfer order on the ground that despite restriction put by the Chancellor not to transfer the post graduate teachers till rationalization work is completed, the incompetent transfer committee has passed an order of transfer against the petitioner. The transfer order has been challenged on the ground of its being malafide, arbitrary and illegal. Counsel appearing for the University, on the other hand, submits that without availing the alternative remedy, the petitioner has directly moved before this Court. Alternative remedy available to the petitioner is by way of filing an appeal before the Chancellor. This application is being disposed of giving liberty to the petitioner for availing the alternative remedy. In case of filing such an appeal, it should be disposed of preferably - 2 - within eight weeks from the date of production/communication of this order. DKS/ (Mridula Mishra, J.)