NEELAM KUMARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Counter affidavit has been filed with reply thereto by the Petitioner. With consent of parties the writ petition was finally heard for disposal at this stage itself.

(2.) The Petitioner challenges the Office Order No. 517 of Rajendra Agricultural University dated 30.7.2010, issued under the orders of Vice-Chancellor of Rajendra Agricultural University, (Pusa) Samastipur, in so far as, it transfers, the Petitioner who is a subject matter specialist from Krishi Vigyan Kendra, Saraiya, District-Muzaffarpur to Krishi Vigyan Kendra, Harnaut in the district of Nalanda, on the ground that the same though being within the competence of the said Vice-Chancellor is a colorable exercise of power and lacks in bona fide. Sh. Anand Kumar Ojha, learned Counsel for the Petitioner brings to the notice of the Court, the provisions of the Bihar Agriculture University Act, 2010 (Bihar Act 12 of 2010)(hereinafter referred to as the new Act for brevity) to which I would refer as those provisions are material for resolution of the present dispute.

(3.) Earlier there existed the Bihar Agriculture University Act, 1987 (Bihar Act, 8 of. 1988). Under the said Act there were two Universities incorporated and established by virtue of Section 3(1) thereof. The first was the Rajendra Agriculture University with its headquarters at Pusa in the district of Samastipur which had the jurisdiction over whole of the State of Bihar as it then existed except areas falling within the Division of North and South Chhotanagpur and Santhal Parganas for which area there was Birsa Agriculture University with its headquarters at Ranchi. Upon bifurcation of the State of Bihar, so far as the Birsa Agriculture University is concerned, it fully went to the State of Jharkhand leaving Rajendra Agriculture University at Pusa within the State of Bihar. Rajendra Agriculture University included as its constituent unit, the Bihar Agriculture College, Sabour, Bhagalpur as also the Bihar Veterinary College, Patna and various other Krishi Vigyan Kendras (K.V.K).