( 1 ) A Division Bench has referred the following question for decision by a Full Bench : whether the U. P. Higher Education Service Commission has jurisdiction/power to transfer a teacher from one Degree College to another?

( 2 ) SRI R. N. Singh, learned counsel for the petitioner has at the thresh hold submitted that the question, which has been referred to the Full Bench should be enlarged and reframed so as to include the question relating to the power of the Director, Higher Education, U. P. (hereinafter referred to as the Director) to transfer a teacher, because the petitioner in his writ petition has claimed relief for appropriate direction to both the Director and the U. P. Higher Education service Commission (hereinafter referred to as the Commission) to transfer him from Shamli to allahabad and even if the Commission is found to have no such jurisdiction the petitioner cannot get any relief even against the Director, because of the observations made in the order of reference to the effect that the Director also has no such power. Learned counsel for the respondents have no objection if the question is reframed so as also to include the question relating to the power of the Director to transfer a teacher from one College to another. We have accordingly reframed the following question for decision by the Full Bench : whether the U. P. Higher Education Service Commission and/or the Director, Higher Education, u. P. have jurisdiction/power to transfer a teacher from one Degree College to another?

( 3 ) THE relevant facts of this case are as follows :

The petitioner was appointed by a letter of appointment dated 19-1-1980 as lecturer (Agri. Engg.) in R. K. Degree College, Shamli, Muzaffarnagar (hereinafter referred to as the sahmli college) on the recommendation of the Commission. Petitioner joind the Shamli College pursuant to the said appointment letter on 23-1-1990 and has been working as such in the said college since then. By an advertisement dated 12-7-1994 the Commission invited applications for the post of lecturer (Agri. Engg.) in Kulbhaskar Ashram Degree College, Allahabad (hereinafter referred to as the Allahabad College ). Thereafter, the petitioner made an application dated 27-9-1995 before the Director for his transfer from Shamli College to Allahabad College. He also obtained no objection certificate from the management of his College. The Allahabad college also agreed for his transfer from Shamli to Allahabad subject to the approval of the director. As there was no response from the Director, the petitioner sent fresh representation to him Another representation before the Commission was also submitted by the petitioner for his transfer. Getting no response from the Director and the Commission, the petitioner filed writ petition for writ of mandamus directing the Director and the Commission to transfer/post him as a lecturer in the Allahabad College and to decide his representation in connection therewith.

( 4 ) THE submission of the learned counsel for the petitioner before the Division Bench, which heard the writ petition, was that the Commission has implied/ancillary power to order for transfer of a teacher from one Degree College to another. In support of his contention the learned counsel relied on decision of a Division Bench in Dr. Suman Agarwal v, U. P. Higher Education service Commission and Ors. Writ Petition No. 16283 of 1989, decided on 11-9-1995, wherein it was held that Commission has the implied power to transfer a teacher from one College to another with the consent of the managements of both the Colleges. The Division Bench, which heard the writ petition, however, did not agree with the decision in the case of Dr. Suman agarwal v. U. P. Higher Education Service Commission (supra) end has accordingly raferred the question mentioned before for decision by a Full Bench.

( 5 ) SRI R. N. Singh, learned counsel for the petitioner has made two submissions, namely, (i) the commissio