Sen, J. - (1.) This appeal by special leave is directed against the judgment and order of the Patna High Court dated November 28, 1984 quashing an order of the Vice-Chancellor, L. N. Mithila University, Darbhanga dated February 28, 1984 transferring the respondent Dayannad Jha by virtue of his powers under S. 10(14) of the Bihar State Universities Act, 1976 ('Act' for short) from the post of Principal, V. S. J. College, Rajnagar to the post of Redder in R. K. College, Madhubani. The High Court has however reserved liberty to the University to transfer the respondent to any other college maintained by it.
(2.) The issue involved in the appeal is as to the power of the Vice-Chancellor of a University under S. 10(14) of the Act to transfer any teacher of any department or college maintained by the University from the post of Principal of a constituent college to the post of a Reader of another constitutent college maintained by it. The High Court while allowing the Writ Petition held that although the two posts of Principal and Reader are carried on the same scale of pay, it could not be said that the post of a Reader is an equivalent post as that of the Principal in the legal sense. In coming to that conclusion, it placed emphasis on the difference in status and position of the Principal apart from the privileges that he enjoys which, according to the High Court, give him an edge over the teaching posts in an institution.
(3.) For a proper appreciation of the point involved, it is necessary to refer to some of the provisions of the Act which have undergone several changes. The term 'Principal' as defined in S. 2(m) of the Act means the head of the college, while the term 'Reader' as defined in S. 2(r) means a teacher of a college or the university possessing such qualifications as may be prescribed.;