IZHAR AHMAD Vs. LALIT NARAIN MITBILA UNIVERSITY

JUDGEMENT

(1.) In this writ petition, the petitioner seeks quashing of Annexure-9, an order passed on 16-4-1988 by the Vice-Chancellor, Lalit Narain Mithila University, Darbhanga (respondent No. 2) in exercise of the powers conferred under Section 79-A of the Bihar State Universities (Third Amendment) Ordinance, 1986, up-to-date, transferring respondent No. 4, the Principal of H. S. College, Uda Kishunganj, as the Principal of D. B. College, Jainagar, and Annexure-12, by which Annexure~9 has been recalled, except in case of respondent No. 4 and two others, without recalling the order of transfer of the petitioner from the post of Principal, D. B. College, Jainagar, to the post of Reader in Urdu Department, R. K. College. Madhubani. In short, the prayer is that the transfer of the petitioner from the post of Principal, D. B. College, Jainagar to the post of Reader in Urdu Department of R. K. College, Madhubani, and the transfer of respondent No. 4 as Principal, D. B. College, Jainagar, at the instance of the Vice-Chancellor, is not is accordance with law or is vitiated by several vices alleged in the writ petition, including mala fide.

(2.) Facts - The petitioner was appointed sometime in the year 1956 as a Lecturer on temporary basis in R. K. College, Madhubani, which was subsequently regularised by the Governing Body of the College in the year 1957 (Annexure-2) and was duly confirmed on completion of one year service in the year 1958 (Annexure-3). In June, 1983, the petitioner was transfrred by the University and posted as Principal of D. B. College, Jainagar, to which post he joined on the same date (Annexures 5 and 5/1). On 2nd November, 1987, the Chancellor, in exercise of the powers conferred on him under Section 9 (7) of the Bihar State Universities Act, 1976, as amended up-to-date, was pleased to transfer, at the request of respondent No. 4, from Mithila University to Bihar University along with a few others, who made similar request, to go from one University to the other (Annexure-23). On 15-2-1988, the Secretary to the then Vice- chancellor of Mithila University, sent five copies of a book known as "Mirza Ghalib Aur Hind Mughal Jamalia", of which the Vice-Chancellor himself was the author, published by Masoom Publications, Srinagar, to the Principal for being purchased for the College Library at the cost of Rs. 1,000/-per book and to pay the cost of the books cash through the bearer of the letter, one Md. Islam said to be the body-guard of the Vice-chancellor. It has been averred in paragraph 10 of the petition that the petitioner wanted to make the payment through cheque or Bank draft only after deducting 10 per cent discount, to which the College Library is entitled to, and the bill was, therefore, passed after deducting 10 per cent of the value to which College libraries are ordinarily entitled to (Annexure-6). It has been further averred in paragraph 10 of the petition that this infuriated the Vice-Chancellor, and as a consequence, by notification dated 24-3-1988 (Annexure-7), the petitioner being described as Professor-in-charge, D. B. College, Jainagar, was transferred to Baheri College, Darbhanga, as Professor-in-charge. On 16-4-1988, respondent No. 4, who was at Uda-Kishunganj, was transferred in place of the petitioner at D. B. College, Jainagar. On 17-4-1988, there was another notification, modifying the order of transfer of the petitioner (Annexure-7) by transferring him as Reader in Urdu Department of R. K. College, Madhubani. On 20-4-1988. the Chancellor issued a wireless direction (Annexure-10), after careful consideration of various representations filed before him, staying transfers/appointments/deputations/terminations of service by the Vice-Chancellor of Mithla Univerity during the last two monthsand persons, staff, etc. were directed to be placed at their original positions till complete inquiry was made. It was further directed that such orders of abovementioned nature are not to be passed in future. On 24-4-1988 (VideAnnexure- 1), the Vice-Chancellor withdrew his order of transfer dated 24-3-1988 (Annexure-7).

(3.) The petitioner moved this Court on 12-5-1988 Challenging his order of transfer in the instant writ petition, and on 27-5-1988, the petition was admitted and the operation of Annexures-9 and 12 was stayed, without staying the proceeding before the Chancellor. On 7-6-1988 pursuant to the order of stay passed by this Court, the University restored status quo ante by allowing the petitioner to join his previous post of Principal, D. B. College, Jainagar, and respondent No. 4 was asked to report to his previous post at Uda-Kishunganj as Principal of H. S. College. There was a further direction that the Bank accounts of D. B. College, Jainagar, will, however, be operated by the Finance Officer of the University (Annexure-14). In the month of July 1988, the Chancellor withdrew his order of stay dated 20-4-1988 (Annexure-10). Two documents have been annexed in this regard as to what transpired before the Chancellor, one has been marked as Annexure-15 and the other as Annexure-16. There appears to be some variation in their contents. Annexures-15 and 16 read as hereunder: