BAIDYANATH THAKUR Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) THE writ petition has been preferred by the petitioner against the order contained in Memo No. VBU/Esstt/R/434/801/03 dated 24th May, 2003, issued by the order of the Vice Chancellor, Vinoba Bhave University, Hazaribagh (hereinafter referred to as the University), whereby and where under, the petitioner has been transferred from Bokaro Steel City College, Bokaro to P.K. Roy Memorial College, Dhanbad, on administrative ground, with immediate effect.

(2.) THE main plea taken by the petitioner to assail the impugned order is that the cadre of constituent colleges being separate, the petitioner cannot be transferred from one constituent college to another constituent college. 2000(4) PLJR 127, wherein the Court held that there is no joint cadre of non - teaching (class - III and IV) employees of constituent colleges and, therefore, the Vice -Chancellor and the University have no jurisdiction to transfer a non - teaching employee from one constituent college to another constituent college.

(3.) ON 16th September, 2003, when the present case was taken up by the learned Single Judge, he noticed the decision as rendered by the two Single Judges of Patna High Court in the case of Shri Manan Singh, (supra) and Bacchha Prasad, (supra), as also the powers and functions of the Vice -Chancellors as vested under Section 10 of the Bihar State Universities Act, 1976 (hereinafter referred to as the Act). While learned Single Judge opined that in his view, the appointing authority (Vice -Chancellor) has got the power to transfer the employees of one constituent college to another constituent college, observed that in view of conflicting decisions rendered by Single Judges in the aforesaid cases this case should be decided by a Division Bench and referred the case before the Division Bench.