IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15563 of 2010 Balram Pandey, Son of Late Sri Krishna Pandey, resident of Mohalla- Daulatganj, P.S.-Bhagwan Bazar, District-Saran (Chapra). –Petitioner. VERSUS 1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga through its Registrar. 2. The Vice-Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar, Darbhanga. 3. The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwarnagar Darbhanga. – Respondents. ----------- 02 24.09.2010 The petitioner is a Class-III employee of Bharat Mishra Sanskrit College, Chapra. He was appointed in the College in the year 1975. In the year 1982 the College became a constituent unit of Kameshwar Singh Darbhanga Sanskrit University under the Bihar Universities Act, 1976. He challenges the office order issue under the signature of the Registrar by which apart from others he has been transferred from Bharat Mishra Sanskrit College, Chapra to Awadh Bihari Sanskrit College, Rahimpur, Khagaria. The contention of the learned counsel for the petitioner is simple. He submits that petitioner being Class-III employee of the University much less of a constituent College, that being so, each constituent College or for that matter University is a cadre in itself, there being no seniority list, a transfer from one constituent College to another constituent College is, thus, not permissible. Reliance has been placed on a decision of this Court in the case of Sri Manan Singh Vs. The B.N. Mandal University & ors. since reported in 2000(4) PLJR - 2 - 127. Learned counsel for the University very fairly states that there being no joint cadre, the transfer of petitioner would be on an ex- cadre post, which cannot be made. He is unable to distinguish the judgment aforesaid. Having considered the matter and heard the parties, in my view, the order of transfer, as impugned, cannot be sustained for the reasons as aforesaid. It is, accordingly, set aside. The writ petition, thus, stands allowed. Trivedi/ (Navaniti Prasad Singh, J.)