SHYAMA ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the writ petitions have been heared together and are being disposed of by this common order.

(2.) The petitioners in both the cases are Lecturers of different Constituent Colleges under the Vinoba Bhave University, Hazaribagh (respondent No. 2). Previously they were under the Ranchi University and while serving under the Ranchi University, it is said that some of the petitioners have been transferred from their original Colleges to other Constituent Colleges, although by a subsequent notification in the year 4990, transfer of petitioners No. 1, 2, 3 and 7 were cancelled and they were sent back to their original Colleges.

(3.) In September, 1992, Vinoba Bhave University, Hazaribagh, came into existence and the Colleges in which the petitioners are serving now were declared an Constituent Colleges under the respondent No. 2 by notification dated 3.2.1994 vide Annexure-4. The petitioners were sought to be transferred to various other constituent colleges mentioned in the notification itself on the ground of academic interest of the University but by a letter dated 18.6.1994, the Under Secretary to the Government of Bihar, Department of Higher Education, Patna, issued a letter to the Vice Cancellor of Vinoba Bhave University, Hazaribagh, Annexure-5, wherein it was stated mat till finalisation in relation to absorption of the teachers of the Constituent Colleges under respondent No. 2, transfer orders issued by him/her should be cancelled. Accordingly, in compliance of that order vide notification dated 28.6.1994 (Annexure-6), the respondent No. 3, Vice Chancellor of Vinoba Bhave University cancelled the conditional transfer/deputation made by Annexure 4. The teachers-petitioners have not come up challenging Annexures-5 and 6, the letter and notification respectively, on the ground that the transfer order passed by the Vice Chancellor (respondent No. 3) under Section 10(14) of the Bihar Universities Act, 1976, (the Act) cannot be thwarted by any Government circular or letter and, as such, the respondent No. 3 withdrawing the transfer order is illegal and without jurisdiction. Much stress has been given in the word "constrained" as mentioned in Annexure-6 and thereby submit that practically the Vice Chancellor was interested very much for transfer/deputation of the petitioners to various other Colleges for the basic need of proper education to make equilibrium to all Constituent Colleges under the University, but because of the Government Letter at Annexure-5, the Vice Chancellor, Vinoba Bhave University (respondent No. 3) was practically made to compel to withdraw the transfer order at Annexure-4.