JAIBIR MISHRA Vs. L.N. MITHILA UNIVERSITY AND TWO OTHERS

JUDGEMENT

(1.) This is an application under Articles 226and 227of the Constitution for quashing Annexure -1 to this application whereby respondent No. 3 B. K. Choudhary was transferred and posted as Principal, R. N. College, Pandaul. The cider reads as follows :

(2.) Let us now look to the Bio -data of respondent No. 3. He was appointed Lecturer in R. B. College, Dalsingsarai; an affiliated College, on 21.8.1961. On 14.11.1980 the University promoted him as Reader. By order dated 9.2.1980 respondent No. 3 was appointed Principal of Co -operative College, Begusarai. His appointment as Principal was challenged before this Court in C. W. J. C. No. 2952 of 1980 this Court by order dated 22.11.1980 stayed the operation of the order by which the respondent No. 3 had been appointed Principal of the College. While the writ application was pending. in the High Court, the Chancellor decided the representation of the petitioner Valmiki Prasad Singh in that writ application (not the petitioner). He disapproved the appointment of respondent No. 3 to the post of Principal. The order of the Chancellor is Annexure -7 to this application. The order of the Chancellor read as follows :

(3.) Learned Counsel for the petitioner has contended that Annexure -1, the impugned order is mala fide inasmuch as it purports to clothe the order as mere order of transfer. According to him, a mere order of transfer cannot be challenged and, therefore, the order has been passed in terms of a mere transfer order. According to Mr. Basudeva Prasad, Learned Counsel for the petitioner, Annexure -1 is not a mere order of transfer, but an order of promotion and posting. Let us analyse the situation. The first question that arises in this connection is, was respondent No. 3 working as Principal on the day Annexure -1 was passed ? I have shown earlier in paragraph 3 that the University appointed respondent No. 3 as Principal of Begusarai Cooperative Evening College on 9.2.1980. His appointment was challenged by Valmiki Prasad Singh before the Chancellor. Finding his appeal not being disposed of quickly by the Chancellor, he filed a writ application before this Court which was subject matter of C.W.J.G. No. 2952 of 1960. By order dated 22.11.1980 the operation of the order appointing respondent No. 3 as Principal of Begusarai Co -operative -Evening College was stayed. While the writ application was pending, the Chancellor disapproved the appointment of respondent No. 3. The decision of the Governing Body was quashed by the Chancellor. The order of the Chancellor (Annexure -7) disapproving the respondent's appointment as Principal was passed on 1.8.1984. Thus up till 1.81984 the respondent was not Principal of Begusarai Co -operative Evening College. No order was passed thereafter appointing the respondent as Principal/Professor -in -Charge of the College at Begusarai or of any other College.