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1986 Supreme(SC) 201

A.P.SEN, B.C.RAY, E.S.VENKATARAMIAH
Vice Chancellor, L. N. Mithila University – Appellant
Versus
Dayanand Jha – Respondent


Advocates:
A.K.SRIVASTAVA, JAYA NARAYAN, S.N.JHA, S.N.KACKAR

Judgment

SEN, J. :- This appeal by special leave is directed against the judgment and order of the Patna High Court dated November 28, 1984 quashing an order of the Vice-Chancellor, L. N. Mithila University, Darbhanga dated February 28, 1984 transferring the respondent Dayannad Jha by virtue of his powers under S. 10(14) of the Bihar State Universities Act, 1976 (Act for short) from the post of Principal, V. S. J. College, Rajnagar to the post of Redder in R. K. College, Madhubani. The High Court has however reserved liberty to the University to transfer the respondent to any other college maintained by it.

2. The issue involved in the appeal is as to the power of the Vice-Chancellor of a University under S. 10(14) of the Act to transfer any teacher of any department or college maintained by the University from the post of Principal of a constituent college to the post of a Reader of another constitutent college maintained by it. The High Court while allowing the Writ Petition held that although the two posts of Principal and Reader are carried on the same scale of pay, it could not be said that the post of a Reader is an equivalent post as that of the Principal in the legal sense. I














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