S.J. Mukhopadhaya, A.C.J.

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.

3. The counsel for the petitioner relied on a Single Bench decision of Patna High Court in the case of Shri Manan Singh v. B.N Mandal University, reported in 2000(4) PLJR 127, wherein the Court held that there is no joint cadre of non- teaching (class- III & 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.

4. The counsel appearing on behalf of the University relied on an Office Order issued by the Ranchi University, contained in Memo No. RU/Esstt/253-283, dated, the 11th January, 1991, as clarified by corrigendum circulated vide Memo No. RU/ Easstt/421-468, dated the 13th February, 1991, issued by the order of the Vice Chancellor of the Ranchi University, whereby and where under, in exercise of power vested upon him under the provisions of the Bihar State University Act, 1975, as amended up to date, the Vice-Chancellor of the University was pleased to declare that the non-teaching (class-III & IV) employees of the Ranchi University Office, P.G. Departments, P.G. Centres, Computer Centre, Central Library and Units directly administered by the Ranchi University will constitute one common Cadre under the University service with effect from the creation of the University. He also placed reliance on a Single Bench decision of Ranchi Bench of Patna High Court dated 19th March, 1991 in the case of Bacchha Prasad and Ors. v. Ranchi University and Ors., CWJC No. 1392 of 1989 (R), wherein the learned Single Judge having noticed the order dated 11th January, 1991 and cor rigendum dated 13th February, 1991, accepted that there is a joint cadre of all the assistants of the University.

5. 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.

6. In this case, the questions require to be determined are;

(a) Whether there is a joint cadre of all non-teaching (class-Ill & IV) employees of constituent colleges or the cadre of constituent colleges are separate, and;

(b) Whether the Office Order being Memo No. RU/Esstt./253-283 dated, the 11th January, 1991, as clarified by corrigendum, being Memo No. RU/ Esst./421-468 dated, the 13th February, 1991, issued by the Vice-Chancellor of the Ranchi University, Ranchi is applicable to non-teaching (Class-III & IV) employees of constituent colleges or not.

7. it is not in dispute that the petitioner was appointed as a temporary Office Clerk in the Bokaro Steel City College, Bokaro on 19th May, 1973 by the then Managing Commi