IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1380 of 2011 1. RAM PUJAN THAKUR S/O MEDU THAKAUR R/O VILLAGE & PO- KOLI BHUPAT PS- MAHANDIA, DISTT. ARWAL 2. SHABBIR AHMAD S/O LATE MD. AYUB R/O OV VILL. & PO KOILA ASTHAN PS- KEWALI DISTT-DARBHANGA 3. RATI KANT LAL S/O LATE BADRI NARAYAN LALDAS, R/O OF MOHALLA SUNDERPUR BIRA PO- LALBAGH, PS- UNIVERSITY DISTT- DARBHANGA---------------PETITIONERS Versus 1. LALIT NARAYAN MITHILA UNIVERSITY,DARBHANGA, THROUGH ITS REGISTRAR, KAMESHWAR NAGAR, DARBHANGA 2. THE VICE CHANCELLOR, L.N.MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA 3. THE REGISTRAR, L.N.MITHILA UNIVERSITY KAMESHWAR NAGAR DARBHANGA------------------------RESPONDENTS with CWJC No.1396 of 2011 MD.HALIM S/O LATE ABDUL KARIM R/O VALINAGAR DARJI TOLA, PS- LALBAGH, PS- UNIVERSITY, DISTT- DARBHANGA --------------------------------PETITIONER Versus 1. L.N.MITHILA UNIVERSITY THROUGH ITS REGISTRAR, KAMESHWAR NAGAR, DARBHANGA 2. THE VICE CHANCELLOR, L.N. MITHILA UNIVERSITY, KAMESHWAR NAGAR, DARBHANGA 3. THE REGISTRAR, L.N.MITHILA UNIVERISTY, KEMESHWAR NAGAR, DARBHANGA-------------------RESPONDENTS. ----------- 3 2.5.2011 Both these writ applications raise common questions of law, therefore have been heard together and disposed of by this common order. In both the writ applications it is the orders of transfer which have been passed against the petitioners by the University posting them in various constituent colleges under the University which has been termed by the petitioners to be illegal and beyond the power of the University to do so. Submission of these petitioners is that it is well established both by judicial pronouncement as well as the decision taken by then Chancellor of the University of Bihar that as per the provisions and the statutes the University office and its allied offices are one unit whereas constituent colleges are separate units. - 2 - Therefore employees of one unit cannot be transferred to another unit. Despite such declaration made by the High Court as well as the Chancellor unfortunately the University authority of L.N.Mithila University refuse to abide by the law or exercise powers within the law. If the power is not vested with the University authority to transfer the petitioners who are University employees to a constituent college, which is a separate unit then whatever may be the object of such transfer it cannot be upheld. Counter affidavits filed in both the matters on behalf of the University does not answer the legal question about the power of the University to transfer such employees to a constituent college. However detailed reasonings and explanations have been offered why such decision came to be taken. The primary issue therefore is that if the University does not have power of transfer of University employee to a constituent college the action will have to be undone to cure the illegality. It is also sought to be urged on behalf of the University that adjustment of such employees including the present petitioners has been done in their benefit to vacant sanctioned posts to facilitate payment of their salary, as the State Government in its communication has made it clear to the University that payment would be released only to such persons who are otherwise regularized against sanctioned post in the - 3 - University. Such a stand on behalf of the University is a misleading stand because there is evidence on record to show that these petitioners have been regularized in the University pursuant to certain direction and declaration made by the High Court and the notifications issued by the University which have been annexed with the writ applications. If they have been shown to be employees of the University it is obvious that such a stand is not a bona fide stand or an honest stand taken on behalf of the University. In view of the law and the statute the Court is left with no option but to quash the orders of transfer passed against these petitioners in terms of annexures- 3 and 3/1 dated 5.12.2010 and 11.12.2011 respectively. Both the writ applications are allowed. RPS (Ajay Kumar Tripathi,J.)