LAWS(PAT)-2004-1-108

SUDHA PRASAD Vs. STATE OF BIHAR

Decided On January 08, 2004
Sudha Prasad Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) THE present appeal has been preferred against the order dated 26.9.96 passed in C.W.J.C. No. 8766. of 1996, whereby the learned writ Court did not interfere in the order of the Chancellor as contained in Annexure -3 to the writ application, by which all the teachers who were appointed in the fourth phase and before their services could be absorbed in their respective colleges had been transferred to different colleges in their own or other different universities within the State.

(2.) THE contention on behalf of the appellant is that though she has also been appointed in the fourth phase but her case differs from those of other similar candidates as her transfer was in view of the fact that her husband who was also a teacher had died and as she was a widow and in Sasaram she did not have facilities for proper education of her children, she on compassionate consideration after seeking no objection from the two universities had been transferred by the Chancellor to the Gautam Budha Women 'sCollege, Gaya under the Magadh University. -

(3.) LEARNED counsel for the State, on the other hand, has contended that for proper verification of the appointment letter as well as educational certificates of a candidate the State was finding it difficult to verify the same as most of such teachers have subsequently got themselves transferred to different colleges with their Universities or otherwise without their services being confirmed. Taking this aspect of the matter into consideration, the State Government by a circular had requested re -"garding their posting to their parent colleges where they were initially appointed and in view of the same, the Chancellor has also issued a general order recalling all such transfers. Verification, according to him, was already under process.