The Vice Chancellor lacks jurisdiction to transfer staff without Board approval under the Act of 2016, allowing for statutory appeal rights.

ORAL JUDGMENT

Date : 01-12-2025 Heard Mr. Shivendra Kishore, learned Senior Advocate representing the petitioner and Mr. Abhinav Srivastava, learned Senior Advocate for the Dr. Rajendra Prasad Central Agricultural University, Pusa, Samastipur.

2. The petitioner is aggrieved with the transfer order dated 13.09.2024, whereby the petitioner who has been holding the post of Associate Professor, Agronomy transferred and posted as Senior Scientist and Head to Krishi Vigyan Kendra, Gopalganj in her original cadre of Krishi Vigyan Kendra with immediate effect under office order dated 13.09.2024.

3. While assailing the impugned order, learned Senior Advocate for the petitioner primarily submitted that the order of transfer issued by the Vice Chancellor is wholly without jurisdiction, as it is the Board of Management who is the competent authority to consider the case for transfer of the petitioner. Besides the aforesaid contention, the very transfer of the petitioner is actuated with malice in fact for the simple reason that out of 36 Subject Matter Specialist, only the petitioner has been discriminated and she has been transferred and posted in a Krishi Vigyan Kendra. It is further submitted that on account of the transfer, the petitioner will have to suffer irreparably and his entire service condition would be altered and one of the consequences would be the petitioner has to retire after attaining the age of 62 years, whereas, in case the petitioner would continue with the University, she shall have to superannuate after attaining the age of 65 years, as well as, her services would be pensionable like the other employees of the University. The impugned transfer would also effect promotion prospects and seniority.

4. The impugned order of transfer came to be passed on 13.09.2024 and the answering respondent categorically averred that once there will be availability of the alternative of the petitioner in form of competent leadership, the University will put her back. Despite the aforesaid undertaking, the petitioner’s representation for reconsideration went in vain and till date, she has not been put back in the University. The entire action of the respondent smacks vindictiveness.

5. It is further contended that the case of the petitioner is also squarely covered with a decision rendered by this Court in the case of Dr. Geeta Kumari vs. Dr. Rajendra Prasad Central Agricultural University, Pusa and Ors, CWJC No. 11716 of 2025 which came to be disposed off on 11.09.2025, whereby the Court held that the Vice Chancellor is not the competent authority under the Act, 2016 and the statute made therein, in view of the fact that there is no provision or any prescription or any material has been brought on record that power of transfer is either delegated or duly vested with the Vice Chancellor of the University, unlike the earlier repealed Act, 1987, where there was a specific prescription under Section 11(1)(iii) which vested the power of transfer with the Vice Chancellor.

6. On the other hand, Mr. Abhinav Srivastava, learned Senior Advocate for the University made a preliminary objection with regard to the maintainability of the writ petition in view of the specific remedy as provided under Section 12(3) of the Act, 2016 which categorically provides that any person in the service of the University, who is aggrieved by the action taken by the Vice Chancellor, under this sub-section, shall have the right to appeal against such action to the Board, within three months from the date on which decision on such action is communicated to him and thereupon, the Board may confirm, modify or reverse the action taken by the Vice Chancellor.

7. Adverting to the appointment letter of the petitioner, as contained in Memo No. 124 dated 22.06.2001, it is further submitted that the very appointment of the petitioner was made as Training Associate (Agronomy) in Krishi Vigyan Kendra (ICAR) under General Category in the pay scale of Rs. 2200-75-2800-100-4000 plus