IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6642 of 2001 Prof. Ravi Shanker, Son of late Sateya Murti, a Lecturer of Pol. Science in Jamuni Lal College, Hajipur, P.S. Hajipur, District Vaishali. --------- Petitioner Versus 1. B.R. Ambedkar Bihar University, Muzaffarpur, District Muzaffarpur through its Registrar. 2. The Vice-Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur, District Muzaffarpur. 3. The Registrar, B.N. Ambedkar Bihar University, Muzaffarpur, District Muzaffarpur. 4. The Chancellor, B.R.A. Bihar University, Raj Bhawan, Patna. --------- Respondents ----------- 4 31.08.2010 Heard Mr. Rajendra Prasad Singh, learned senior counsel for the petitioner and Mr. A.P. Sinha, learned counsel for the B.R. Ambedkar Bihar University. In this writ application, the challenge of the petitioner was to an order of his transfer dated 5.5.2001 by which he was sought to be transferred from Jamunilal College, Hajipur to R.L.S.Y. College, Bettiah. The said Bettiah college is a fourth phase constituent college in which the appointment of the petitioner was initially made but, subsequently, the University had 2 transferred his services to another constituent college at Hazipur and when the University ultimately, not only in the case of the petitioner but other similarly situated teachers of the fourth phase colleges, had sought to repatriate to their parent college by various orders, a number of writ petitions, including the present one, came to be filed assailing the impugned order of transfer on various grounds. This Court had already stayed the operation of the impugned order of transfer not only in the case of the petitioner but others as well by different orders and all of them were subsequently disposed of by common order dated 12.1.2006 in CWJC No. 8566 of 1996 (Dr. Pramod Kumar Singh & Ors. Vs. The State of Bihar & Ors), CWJC No. 8567 of 1996 (Ranjit Singh & Anr. Vs. State of Bihar & Ors.) and CWJC No. 10100 of 1996 (Ajit Kumar & Ors. Vs. State of Bihar & Ors.) with the following observations:- “Since the facts involved in the above mentioned applications are almost identical, they have been heard together and are being disposed of by this common order. 3 The petitioners by the impugned orders were transferred to their parent colleges. The impugned orders, however, have been stayed by this court vide orders dated 13.11.1996 and 21.11.1996 respectively. It is informed at the bar that the petitioners are continuing in the previous colleges by virtue of the interim orders passed by this court. Mr. Jayanandan Singh, learned counsel for the universities submits that admittedly the petitioners are continuing in the previous colleges by virtue of the interim orders passed by this court and no independent action is going to be taken by the universities regarding their transfers again. However, necessary orders may be passed by the authorities if required in light of the recommendation of Justice Aggrawala Commission and the judgment of the Supreme Court as these colleges are IVth phase colleges. In view of the statements made at the bar and in view of the fact that the petitioners are continuing in their previous colleges, the impugned orders are set aside and these applications are allowed. However, this order will be subject to the direction issued by Justice Aggrawala Commission and as per the order of the Supreme Court as referred to above.” Mr. Singh, having found that his case was not only made analogous of CWJC No. 4 10100 of 1996 but had also, in fact, identical issues, had readily agreed for disposal of this writ petition in terms of the aforesaid order dated 12.1.2006. At this stage, Mr. Sinha, learned counsel for the University, however, point out that there has been subsequent developments on account of which the petitioner already has joined his parent college, namely, R.L.S.Y. College, Bettiah and therefore, when he had also challenged his subsequent order of termination in view of his being placed in R-II category of justice S.C. Aggarwala Commission’s Report and his case relating to his order of termination is pending consideration before this Court in C.W.J.C. No. 12797 of 2009 with an order of stay directing him to continue in R.L.S.Y. College, Bettiah in CWJC No. 12797 of 2009, this Court would clarify the applicability of the aforementioned order dated 12.1.2006 also in the case of the petitioner. An order of transfer, if already implemented by the petitioner, would 5 automatically render the writ application infructuous because the only challenge in the present writ application was against the order of such transfer. Mr. Singh, however, is not aware as to under what circumstance despite an order of stay, the petitioner had been repatriated back to his parent college R.L.S.Y. College, Bettiah. Counsel for the University, on the basis of the counter affidavit in CWJC No. 12797 of 2009, is however quite emphatic that the petitioner had no longer continue in his earlier Hazipur college and stood repatriated to his parent college at Bettiah. In that view of the matter, this writ application is disposed of without interfering in the order of transfer of the petitioner but it is made clear that if compliance of such order of transfer on the part of the petitioner was voluntary, he will have no benefit of the earlier order of stay passed by this Court in this case. It is also made clear that the subsequent developments as with regard to his order of absorption in terms of the report of 6 Justice S.C. Aggarwala Committee shall be governed by the result of his subsequent writ application, CWJC No. 12797 of 2009, which is said to be still pending before this Court. With the aforementioned observation and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)