RAJENDRA JHA Vs. BHUPENDRA NARAYAN MANDAL UNIVERSITY

JUDGEMENT

(1.) THIS writ petition has been filed for an appropriate writ/order quashing memo no. G/S 3980 -87/98 daded 23.3.1998 (respondent no. 1) whereby the petitioner was transferred by the Vice Chancellor, B. N. Mandal University from B.S.S. College, Supaul to Gorelal Mehta College, Banmankhi, Purnea. .

(2.) THE petitioner, at the relevant time, was working as lecturer in B.S.S. College and also looked after functions of Lieutenant and Company Commander, N.C.C. Although in the impugned order, no reason for transfer has been disclosed but according to the respondents, and their statements made in the counter affidavit and certain papers attached therewith, it would appear that instant transfer had taken place on administrative ground.

(3.) THE case of the Vice Chancellor and the Registrar of the University (respondent nos. 2 and 3) is, since both the colleges are constituent units of the University, the Vice Chancellor has full jurisdiction to transfer a teacher from one college to other, basically on three grounds, namely, i) in academic interest of the college, b) having regard to compassionate view, and c) administrative ground, if any, in the interest of the college. Therefore, it would be wrong to allege that the Vice Chancellor had no jurisdiction to take such a decision. It has been further stated that the statement of the writ petitioner that there is no post of Company Commander of NCC in the other college is also far from truth because the Principal, Gorelal Mehta College has already informed vide letter dated 4.3.1996 (Annexure -D) that such a post was already lying vacant there. A reference was also made by the learned counsel for the respondent University that having regard to certain complaints against the petitioner, a committee comprising of high officials of the University was constituted to enquire and submit a report. The said committee having enquired into the matter in presence of the petitioner, by a report dated 19.12.1997 (Annexure C) suggested that with a view to maintain peace and academic atmosphere in the campus the petitioner including Shri Manoj Kumar Singh be transferred to a different college. Therefore, facts noticed above including the report of the committee would certainly indicate that such a transfer was purely on administrative ground.