S. R. Singh and D. R. Chaudhary, JJ. - (1.) The question that begs determination in this writ petition is as to whether a substantive vacancy in the post of a teacher of a Post Graduate College can be filled up by transfer of a teacher from another college affiliated to the self-same University.
(2.) Factual background of the case may be stated thus ; Swami Sahjanand Saraswati Post Graduate College. Ghazipur (In short Post Graduate College) is affiliated to Veer Bahadur Singh Purvanchal University. Jaunpur (In short the 'Purvanchal University') and so ts Khardlha Degree College. Khardiha. Ghazipur. The 3rd respondent, namely. Dr. Harish Chandra Rai entered the service as a teacher in Khardiha Degree College, Ghazipur on 4.1.1979. It seems there existed a vacancy in the post of lecturer Political Science in the Post Graduate College. The third respondent with a view to usher himself in the said Post Graduate College as lecturer Political Science submitted an application to the Committee of Management of Khardiha Degree College. Khardiha. Ghazipur seeking its no objection certificate to his transfer to Swami Sahjanand Post Graduate College. Ghazipur. The Committee of Management of the said College nodded in acceptance to the proposal of the 3rd respondent vide resolution adopted in the meeting held on 18.7.1999 which authorised the Manager of the College to do the needful in this regard. The 3rd respondent. It would transpire, also approached the Secretary of the Committee of Management for a decision by the Committee of Management. Swami Sahjanand Post Graduate College. Ghazipur for imparting consent to the proposed transfer. It is the case of the 3rd respondent that the Committee of Management of Swami Sahjanand Post Graduate College. Ghazipur passed resolution giving its consent to the third respondent being appointed as lecturer in Political Science by transfer from the Degree College but this fact is repudiated by the petitioner. For the purposes of deciding this case, we may proceed on the assumption that a resolution was passed by the Committee of Management of the Post Graduate College granting consent to transfer of the 3rd respondent. The Vice Chancellor of the Purvanchal University passed an order dated 6.12.1999 (Annexure-6 to the petition) according approval to the proposed transfer of the 3rd respondent from Khardiha Degree College to Swami Sahjanand Post Graduate College, Ghazipur. The appointment letter dated 7.12.1999 was Issued in favour of the 3rd respondent by the Secretary of the Committee of Management of Swami Sahjanand Post Graduate College. Ghazipur. A resolution was passed by the Committee of Management of Post Graduate Degree College, Ghazipur in its meeting held on 13.2.2000 cancelling the earlier resolution dated 10.10.1999 and for relieving the petitioner of his duties as lecturer of the said college. A representation dated 18.2.2000 came to be filed on behalf of Swami Sahjanand Post Graduate College, Ghazipur to the Vice Chancellor stating therein that as a matter of fact, no resolution was passed by its Committee of Management giving its consent for appointment of 3rd respondent as lecturer by transfer from Khardiha Degree College, Khardiha, Ghazipur. A writ petition it being Civil Misc. Writ Petition No. 17980 of 2000 was also filed in this Court canvassing the validity of transfer. This Court, however, directed the Vice-Chancellor to decide the representation. The Vice-Chancellor rejected the representation by the impugned order dated 14.6.2000.
(3.) We have heard Sri Gajendra Pratap for the petitioner, Sri Pankaj Mittal for the University and Sri Ajit Kumar Singh for the 3rd respondent.;