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2006 Supreme(P&H) 2386

M.M.KUMAR, M.M.S.BEDI
Rohtash – Appellant
Versus
State of Haryana – Respondent


For the Petitioner:Mr. Jai Vir Yadav, Mr. Anurag Goyal, Mr. G.C. Gupta and Mr. S.S. Dinarpur, Advocates.
For the Respondents:Mr. M.L. Saggar, Addl. Advocate General, Haryana, Mr. Harish Rathee, Senior DAG, Haryana.

JUDGMENT

M.M. KUMAR, J.

1. In bench of petitions (as per the list Annexure “A”) a common question of law and facts have been raised namely as to ‘whether the petitioners who are members of district cadre or range cadre could be transferred outside their respective cadres’. Before adverting to the facts, we would state the legal position so as to put the whole controversy in proper perspective. The question of inter cadre transfer is fairly well settled. In this regard, judgment of the Hon’ble Supreme Court in the case of Jawaharlal Nehru University v. Dr. K.S. Jawatkar and others, 1998 Suppl. (1) SCC 679, could be relied upon. In that case, the Centre of Post Graduate Studies was set up at Imphal by the Jawaharlal Nehru University (for brevity to be referred as ‘JNU’) and teaching administrative staff was appointed by JNU to man the Centre. Subsequently the Centre was transferred to Manipur University as per the decision of the Syndicate of JNU and as such the Centre ceased to exist. It became a part of Manipur University according to JNU. Controversial part of the decision of the Syndicate of JNU was that members of the faculty employed by JNU Centre of Post Graduate, Imphal immed





































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