IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5231 of 2008 SANJAY KUMAR PANDEY Versus CHANCELLOR,UNIVERSITIES OF BIHAR & ORS. ----------- 6. 24.07.2008 Heard the learned Counsel for the petitioner, learned Counsel for the Chancellor as also the learned Counsel for the University. This Court, in this writ application assailing an order of transfer, is not persuaded to interfere in view of the fact that it is for the authorities to decide where a teacher has to be posted, where vacancy exists in a particular subject, all of which are necessary for proper imparting of education. In view of the stand of the respondents that the petitioner has been posted at Naubatpur in the M.D. College since there was no teacher in the Department of Economics there, a qualification for which the petitioner is adequately equipped, this Court finds no merit in the writ application to interfere with the order of transfer. To that extent the writ application has no merit and is dismissed. This Court however does find substance in the second submission of the petitioner. The contention is that the petitioner had an inter University transfer from Veer Kunwar Singh University to Magadh University. The imposition of the condition in the transfer order that he shall always be posted in the Magadh University outside the limits of Patna Municipal Corporation, does not have any sanctity in law or of any guidelines of the University for transfer and posting makes the imposition of the condition arbitrary, appears to be justified. Learned Counsel for the Chancellor and the University could not point out the source of any such power in the authorities to impose such a condition while passing an order of inter University transfer. Additionally, the specific plea of discrimination raised in several paragraphs of the writ petition pointing out instances where in case of inter University transfer postings have been done within the limits of the Patna Municipal Corporation, has not been denied in the counter affidavit filed on behalf of respondent no. 1. At this juncture the direction of this Court in the order dated 15.4.2008 while adjourning the matter assumes significance. This Court had required the respondents while filing their counter affidavit to deal more particularly with the allegation of discrimination under Article 14 of the Constitution as specifically raised before the Hon’ble Chancellor by Annexure 29 which did not find consideration in the impugned order. Learned Counsel for the respondent no. 1 found it difficult to make any submission on this aspect of the matter. Applying the principles of non traverse the allegation of discrimination vis a vis the petitioner and others granted the benefit of inter University transfer when no such condition of posting beyond the limit of Patna Municipal Corporation only is difficult to be sustained. The condition imposed upon the petitioner by order dated 6.12.2001 that he shall not be posted within the limits of Patna Municipal Corporation is hereby set aside. The writ application is allowed to that extent. Snkumar/- (Navin Sinha,J.)