IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2884 of 2011 1. SHYAMANAND JHA SON OF LATE JAIKRISHNA JHA RESIDENT OF MOHALLA LAXMIPUR NAYATOLA, P.O. BASUDEOPUR, P.S. UNIVERSITY, DARBHANGA. 2. HARISHCHANDRA MISHRA SON OF LATE CHEDI MISTRA RESIDENT OF VILLAGE MAHATHWAR, GHANSHYAMPUR, DARBHANGA. 3. RAMCHANDRA PRASAD SINGH SON OF LATE NATHUNI RESIDENT OF PATWAR, P.S. RANJAGAR, MADHUBANI. Versus 1. LALIT NARAYAN MITHILA UNIVERSITY DARBHANGA THROUGH ITS REGISTRAR, DARBHANGA. 2. THE VICE CHANCELLOR, L.N. MITHILA UNIVERSITY, DARBHANGA. 3. THE REGISTRAR, L.N. MITHILA UNIVERSITY, DARBHANGA. ----------- 3 05/05/2011 The petitioners of this writ application have a common grievance, which is the order of transfer passed against them shifting them from the University to the constituent Colleges indicated against their names by virtue of notifications dated 5.12.2010 and 11.12.2010 issued by the University, contained in annexures 5 & 5/1. Basic submission on behalf of the petitioners is that in terms of the statute as well as the adjudication made by the then Chancellor, it has been categorically held that staff of the University and the staff of the constituent Colleges are two units and no transfer is - 2 - permissible between one and the other. Since these petitioners are employees of the University, they cannot be pushed down from their posting within the University to the constituent Colleges under the University. There is no categorical denial with regard to the proposition of law on behalf of the respondents. They have justification that this is being done for the administrative reasons and in the interest of the petitioners to ensure proper payment of their salary. The question is that when the Statute does not provide transfer of an University employee to a constituent College, then whatever be the circumstance, the power of transfer cannot be exercised contrary to the statute. The orders of transfer contained in annexures 5 and 5/1, therefore, will have to be interfered with and they stand quashed in so far as they relate to these petitioners This writ application is allowed. AMIN/ (Ajay Kumar Tripathi, J.)