The Vice Chancellor of a university has the unfettered right to transfer teachers within its constituent colleges under Sec. 10(14) of the Bihar Universities Act, 1976, and the State Government cannot interfere with the same by issuance of executive instructions.

P.K.Deb, J.

1. Both the writ petitions have been heared together and are being disposed of by this common order.

2. The petitioners in both the cases are Lecturers of different Constituent Colleges under the Vinoba Bhave University, Hazaribagh (respondent No. 2). Previously they were under the Ranchi University and while serving under the Ranchi University, it is said that some of the petitioners have been transferred from their original Colleges to other Constituent Colleges, although by a subsequent notification in the year 4990, transfer of petitioners No. 1, 2, 3 and 7 were cancelled and they were sent back to their original Colleges.

3. In September, 1992, Vinoba Bhave University, Hazaribagh, came into existence and the Colleges in which the petitioners are serving now were declared an Constituent Colleges under the respondent No. 2 by notification dated 3.2.1994 vide Annexure-4. The petitioners were sought to be transferred to various other constituent colleges mentioned in the notification itself on the ground of academic interest of the University but by a letter dated 18.6.1994, the Under Secretary to the Government of Bihar, Department of Higher Education, Patna, issued a letter to the Vice Cancellor of Vinoba Bhave University, Hazaribagh, Annexure-5, wherein it was stated mat till finalisation in relation to absorption of the teachers of the Constituent Colleges under respondent No. 2, transfer orders issued by him/her should be cancelled. Accordingly, in compliance of that order vide notification dated 28.6.1994 (Annexure-6), the respondent No. 3, Vice Chancellor of Vinoba Bhave University cancelled the conditional transfer/deputation made by Annexure 4. The teachers-petitioners have not come up challenging Annexures-5 and 6, the letter and notification respectively, on the ground that the transfer order passed by the Vice Chancellor (respondent No. 3) under Sec. 10(14) of the Bihar Universities Act, 1976, (the Act) cannot be thwarted by any Government circular or letter and, as such, the respondent No. 3 withdrawing the transfer order is illegal and without jurisdiction. Much stress has been given in the word "constrained" as mentioned in Annexure-6 and thereby submit that practically the Vice Chancellor was interested very much for transfer/deputation of the petitioners to various other Colleges for the basic need of proper education to make equilibrium to all Constituent Colleges under the University, but because of the Government Letter at Annexure-5, the Vice Chancellor, Vinoba Bhave University (respondent No. 3) was practically made to compel to withdraw the transfer order at Annexure-4.

4. By filing counter-affidavit, the Government has taken the stand that after coming into existence of Ranchi University and the Colleges being declared as Constituent Colleges, it could be found by the Government that in many Colleges, teaching and non-teaching staff were not appointed regularly and as such the services of teaching and non-teaching staff could not be regularised and absorbed and a Vigilance Screening Committee was made to go through each and every appointment of teaching and non-teaching staff of those constituent Colleges and it was agreed upon that after proper absorption of the teaching and non-teaching staff, dieir transfer to some other constituent colleges could be made and accordingly, a letter was issued long back in the year 1986 asking the Vice Chancellor of the University not to make any transfer till the finalisation of absorption matter. When the Vice Chancellor of Ranchi University in violation of that order made some transfer, the same was cancelled on intervention of the Government end it seems that something has now been adopted for and on behalf of the Vinoba Bhave University.

5. The stand of the Government regarding the matter was approved by this Court as per the judgment and order passed in C.W.J.C. No. 1720 of 1991 (R), a copy whereof has been annexed as Annexure C to the counte