The power of the Chancellor to transfer teachers is limited to universities governed by the Bihar State Universities Act, 1976, and does not extend to Patna University, which is governed by the Patna University Act, 1976. The Chancellor's order transferring the teachers from Magadh University to Patna Women's College was arbitrary and violative of Article 14 of the Constitution as it was made without following the proper channel and without considering the interests of the respective colleges and universities involved.

G. C. Bharuka, J.

1. These two writ applications arise out of the same set of facts and involve common questions of law and, accordingly, both the writ applications have been heard together and are being disposed of by this common judgment.

2. C. W. J. C. No.6055 of 1990 has been filed by three petitioners for issuance of a writ of mandamus commanding the Vice-Chancellor, Patna university, to post the petitioners at Patna Womens College, Patna, in pursuance of the order of transfer dated 11th August, 1990, issued by the chancellor, as contained in Annexure-1 to this application.

3. C. W, J. C. No.7131 of 1990 has been filed by some of the teachers of Patna University, inter alia, Challenging the aforesaid order of transfer (Annexure ! of C. W. J. C. No.60s5 of 1990) passed by the Chancellor.

4. For the sake of convenience, the transferred petitioners, who have filed C. W. J. C. No.6055 of 1990 will, hereinafter be referred to as petitioners" and the teachers of the Patna University, who have filed C. W. J. C. No.7131 of 1990, will, hereinafter be referred to as, "objectors. "

5. Relevant facts are these, Patna Womens College is one of the colleges under Patna University. The petitioners, for certain length of time, had worked as teachers on ad hoc basis in the Patna Womens College. Pursuant to an advertisement issued by the State University Service commission for filling up the vacant posts of lecturers in the different Colleges under Magadh University, the petitioners-teachers applied for the same. After interview, they were selected by the State University Service commission and, accordingly, they were appointed as teachers in the Colleges at nawadah and Arrah under Magadh University. According to the petitioners since they were facing great hardship in their research work and in managing their domestic matters because of their postings at the places outside Patna, therefore, they made representations to the Chancellor for their transfer in Patna Womens College through the Principal of the said college. Photo copies of thess representations have been filed as Annexure-"b" series with the counter affidavit filed on bshalf of the Respondents-Chancellor and the State of Bihar.

6. The impugned orders of transfer dated 11th August, 1990, referred to above, was admittedly passed by the Chancellor on the basis of the aforesaid representations. These transfers have been made by the Chancellor in purported exercise of his powers under Sec.9 (7) (i) of the Bihar State universities Act, 1976, read with Sec.10 (7) (i) of the Patna University act, 1976. By this order of transfer the three petitioners have not only been transferred from Magadh University to Patna University but the chancellor has also been pleased to post them in the Patna Womens College. It further appears that after the impugned order of transfer was passed and communicated to the Vice-Chancellor of the Patna University, he by his letter dated 17th August, 1990, (Annexure C) addressed to the Commissioner-cum-secretary, Rajbhawan, expressed his protest against these transfers referring therein the past practice as also the complicities involved and made a request to the Chancellor to reconsider his decision. A protest was also lodged by the Patna University Teachers Association (Fort short PUT A) on that very date vide Annexure-B, on 19-8-1990 the Executive Committee of puta also passed a resolution expressing strong resentment and anguish over the impugned orders of transfer passed bv the Chancellor and requested the vice-Chancellor to communicate their resentment to the Chancellor with a request to withdraw the transfers orders. A threat was also given that if the impugned orders of transfer are not withdrawn then they will go on strike, under these circumstances, according to the Vice-Chancellor, the impugned orders of the petitioners remained unexecuted.

7. Faced with the above situation, the petitioners have filed C. W. J. C. No.6055 of ! 990 for enforcement