ORDER

% 24.01.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 4515/2024

1. Exemption allowed subject to all just exceptions.

2. The application stand disposed of.

W.P.(C) 1079/2024 & CM APPL. 4514/2024 (Stay)

3. This is a writ petition under Article 226 of the Constitution of India, 1950 seeking a writ of Mandamus for quashing the impugned order dated 19.01.2024 whereby the petitioner has been transferred.

4. Mr. Praveen Swarup, learned counsel appearing for the petitioner Page 2 of 5 invites attention of this Court to the order dated 27.09.2023 in W.P.(C) 12804/2023 titled Manoj Kumar Singh and Others vs. Delhi Skill and Entrepreneurship University and Others, whereby the learned Coordinate Bench of this Court in similar circumstances had restrained the operation of similar transfer order and submits that the present situation is identical to the said case and, as such, this Court may consider restraining the operation of the impugned transfer order during the pendency of the present petition.

5. Learned counsel also invites attention to the order dated 18.12.2023 as also 16.01.2024 in W.P.(C)16232/2023 titled Manoj Kumar Singh and Others vs. Delhi Skill and Entrepreneurship University and Others, whereby the learned Coordinate Bench of this Court had issued notice to the respondents on the challenge to the notification dated 16.04.2021, whereby GNCT of Delhi has approved a proposal for merger/integration of 10 Government Institutes of Technology (formerly known as Polytechnics) into the Delhi Skill and Entrepreneurship University (DSEU) for all academic and certification purposes.

6. The matter is now listed for consideration on 23.04.2024 before the Coordinate Bench of this Court.

7. He further invites attention of this Court to the notification dated 16.04.2021 and the Annexure-3, which is annexed to the aforesaid notification, which is extracted hereunder:-

“1. The regular staff members of Institute of Technology including Principal/ Faculty/officers/Support staff will be given an option to adopt the service conditions of DSEU or to continue their services on same terms and conditions on which they were appointed. In case they opt for later, they would be treated as being on deemed deputation to the Page 3 of 5 DSEU and continue to be governed by the existing service rules.”

8. On the aforesaid, Mr. Swarup, learned counsel further submits that the option granted vide the aforesaid clause ‘1’ has also been challenged by the petitioner before the Central Administrative Tribunal, which is yet to be adjudicated.

9. He submits that, in the meanwhile, out of vendetta and vindictive attitude, the respondents have issued the impugned transfer order dated 19.01.2024 and submits that the said issue as to whether the merger itself is in accordance with law and the Constitution and the jurisdictional authority of the Government of NCT of Delhi to do so is subjudice, hence, the consequential actions taken by respondent no.1, are questionable.

10. Mr. Shivendra Singh, learned counsel appearing for respondent nos. 1 and 3 submits that order dated 27.09.2023 passed by the learned Coordinate Bench is only a prima facie view taken by the Court at that point of time. He also submits that there was no representation from GNCT of Delhi to apprise the Court of the issues raised. He also submits that, in any case, that being a prima facie view, will not be binding upon this Court.

11. He submits that the transfer of the petitioner to Ranhola Campus is on account of administrative exigencies, which the petitioner, in any case, cannot dispute or object to. He submits that, in any case, there is no Administrative Head at the Campus Ranhola, and as such delegating such delicate work to the contractual employees would not be in the interest of the University or in the employees.

12. Mr. Gaurav Dhingra, learned counsel appears for respondent no. 2 and submits that unless th