IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO. 7468 OF 2002 MD. MONAZIR IMAM, SON OF HASSAN IMAM, RESIDENT OF ARIF NAGAR, QUARTER NO. D-35, GEWAL BIGHA, POLICE STATION RAMPUR, DISTRICT GAYA VERSUS 1. THE STATE OF BIHAR THROUGH TH CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 2. THE COMMISSIONER –CUM- SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRERTARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE MAGADH UNIVERSITY, BODH GAYA THROUGH ITS REGISTRAR, BODH GAYA, DISTRICT GAYA 5. THE VICE CHANCELLOR, MAGADH UNIVERSITY, BODH GAYA 6. NAND KISHORE SINGH, ASSISTANT, MAGADH UNIVERSITY, BODH GAYA, DISTRICT GAYA 7. THE DIRECTOR, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA ********* FOR THE PETITIONER :- MR. KHURSID ALAM, ADVOCATE FOR RESP. 4 & 5 :- MR. VIVEKANAND KUMR, ADVOCATE MR. DHIRENDRA KUMAR SINGH, ADVOCATE FOR THE S T A T E :- MR. PRIYANK SAMDARSHI, AC TO SC 20 ********* 6 14/12/2010 The petitioner has filed this writ application challenging his transfer from Magadh University to Veer Kunwar Singh University under Section 70A of the Bihar Universities Act. Initially, respondent no. 6, Nand Kishore Singh was transferred to the Veer Kunwar Singh University. After his transfer, he made a representation before the State Government that he should be re-transferred to the Magadh University, as he is suffering from serious ailments. A Board was constituted to examine whether in 2 fact respondent no. 6 was medically incapacitated. The report of the Board was that he was suffering from certain ailments and, therefore, he was retransferred back to Magadh University vide Annexure-2. After the retransfer of Nand Kishore Singh, the petitioner being next in seniority was transferred to Veer Kunwar Singh University. The petitioner being aggrieved by the order of transfer filed a writ application in this Court being CWJC No. 12361 of 2000 challenging the order of transfer passed by the Deputy Secretary, Higher Education Department. This Court upheld the order of the Deputy Secretary. The petitioner thereafter filed LPA No. 53 of 2001 dated 26.04.2001. While disposing of the LPA, the Court directed the State to consider afresh the transfer of the petitioner to Veer Kunwar Singh University. After disposal of the LPA, the impugned Annexure-5 dated 02.06.2002 was issued upholding the transfer of the petitioner. The grounds given for upholding the order of the transfer of the petitioner to Veer Kunwar Singh University is that the petitioner is next in seniority to Nand Kishore Singh and that Nand Kishore Singh was suffering from ailments. The stand of the petitioner is that his wife was working as an Assistant in the affiliated College of the Magadh University at Bodh Gaya was given 3 a stand by. Before going any further, it is relevant to mention that respondent no. 6 has retired and that the petitioner has 17 months left before he would superannuate. It would also be relevant to mention that the petitioner by virtue of the order dated 11.07.2002, is still working in the Magadh University. The petitioner refers to Annexure-1, which has been issued by the Education Department on 09.04.1996 which lays down certain principles with respect to Inter-University transfer. Clause 4 deals with the reason by which respondent no. 6 got the benefit of being returned to Magadh University after his transfer to Veer Kunwar Singh University i.e. for the reason that he was keeping bad health. Counsel for the petitioner submits that the case of the petitioner would be covered by Clause-5 wherein it has been provided that those employees whose wives are working in the Magadh University or connected offices of the Magadh University should be permitted to remain at the place of their postings. It is further emphasized that as on today, Clause 3 would also be applicable to the petitioner which provides that those persons who are to retire within two years would not ordinarily be transferred. In my opinion, if the State Government was working on the principles laid down by their department 4 with respect to applying Inter-University transfer under Section 70 A of the Bihar Universities Act, they ought to have considered that the petitioner would also be entitled for being exempted on the ground that his wife was an employee of the Magadh University and under the circumstances, should have considered transferring any other suitable persons under Section 70 A of the Act. It may be true that vis-à-vis the petitioner the respondent no. 6 had a better claim than the petitioner for being retained in the Magadh University, at the same time, this Court finds that the petitioner also had an equally good reason for remaining in the Magadh University. In the circumstances aforesaid, the State may take a fresh decision for transferring any other employee to the Veer Kunwar Singh University, if so required from the employees of the Magadh University. In the result, the letter no. 1417 dated 06.09.2000 (Annexure-2) by which the petitioner was transferred and memo no. 776 dated 02.06.2002 (Annexure-5) are quashed. This writ application is accordingly allowed. Anand ( Sheema Ali Khan, J. )