IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2324 of 2026 ======================================================

Amit Kumar Son of Late Nagendra Prasad Singh, resident of village, P.O. and P.S. Bhore, District- Gopalganj, presently working as Assistant in Bhola Prasad Singh College, Bhore, District- Gopalganj.

... ... Petitioner/s Versus

1. The Jai Prakash University Chapra through the Registrar.

2. The Vice Chancellor, Jai Prakash University Chapra.

3. The Registrar, Jai Prakash University, Chapra.

4. The Finance Officer, Jai Prakash University, Chapra.

5. The Principal, Bhola Prasad Singh College, Bhore, District- Gopalganj.

6. The Principal, Gopeshwar College, Hathua, District- Gopalganj.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv.

For the JP Univ. : Mr. Bajarangi Lal, Adv.

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 10-02-2026 Heard learned counsel for the parties.

2. Counsel for the petitioner submits that since the date of initial appointment on 25.10.2007, the petitioner has been discharging the duties in Bhola Prasad Singh Mahavidayalay, Bhore, Gopalganj with best of his capacity and ability and to the satisfaction of the authorities and was never visited with any departmental or judicial proceeding but, all of a sudden, the respondent no.2 has passed an order contained in Memo No. 3414(R) dated 12.09.2025 issued under the signature of respondent no.3 by which the Vice-Chancellor of Jai Prakash University has transferred the petitioner from Bhola Prasad Singh College, Bhore, Gopalganj to the Gopeshwar College, Hathua, Gopalganj while the petitioner is ill and is under treatment at the place, where he is presently posted.

3. It is next submitted that the issue of transfer by the Vice-Chancellor having jurisdiction to place the non-teaching staff from one college to another has already been adjudicated by the Co-ordinate Bench in the case of Sri Manan Singh v. The B.N. Mandal University & Ors. reported in PLJR 2000(4) 127 and it has categorically been held that the Vice Chancellor of the University has no jurisdiction to transfer the Class-3 employees from one college to another falling under the same University.

4. The relevant extract of the aforesaid judgment reads as follows:-

“6. It is a settled law that the transfer can be made only within cadre. No person can be forced to join in Ex-cadre post without deputation.

7. In the counter affidavit, it is pleaded that both the Colleges are constituent units of the University, but plea taken by the University's counsel that it is a joint cadre. This stand cannot be accepted in view of specific statement made at Paragraph No.5 to the counter affidavit, wherein the Respondents University itself have stated that "there is no cadre amongst the employees of the University appointed and working on the same post".

The cadre is a strength of service or part thereof. It is a settled law that a cadre is required to be constituted specifically by an instrument. In absence of any order/rule, a combined cadre cannot be presumed.

8. In a case of Rajniti Prasad vs. Chancellor and ors. (C.W.J.C. No. 2783/97), this Court by its order and judgment dated 11th September, 1997, held that the non-teaching employees of constituent Colleges have no joint cadre with the University. Similar view was taken in the case of Rajendra Nath Bhuwan vs. B.N. Mandal University and ors. (C.W.J.C. No. 7953/97), disposed of on 9th January, 1998, wherein the Court held that Vice Chancellor and University have no jurisdiction to transfer any Class- III employee from one College to another College and/or under the University.

Similar view has been also taken in the earlier case of Ram Subhak Singh vs. B.R.A. Bihar University (C.W.J.C. No. 4486/93), disposed of on 30th September, 1994.

9. In view of aforesaid decision, I hold that the impugned order da