Jharkhand High Court
Ambrish Kumar vs Ranchi University on 31 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P. (S) No. 3766 of 2023
Ambrish Kumar .... .. ... Petitioner(s)
Versus
1.Ranchi University, Ranchi, through its Registrar
2.Vice Chancellor, Ranchi University, Ranchi.
3.Registrar, Ranchi University, Ranchi
4.Ranchi Women's College, Ranchi through its Principal
5.Principal, Ranchi Women's College, Ranchi.
6.Doranda College, Doranda, Ranchi through its Principal
7.Principal, Doranda College, Doranda, Ranchi.
.. ... ...Respondent(s)
With
W. P. (S) No. 3494 of 2023
Mugdha Tiwari .... .. ... Petitioner(s)
Versus
1.Ranchi University, Ranchi, through its Registrar
2.Vice Chancellor, Ranchi University, Ranchi.
3.Registrar, Ranchi University, Ranchi
.. ... ...Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
.........
For the Petitioner(s) : Mr. Pandey Neeraj Rai, Mr. R. R. Sinha,
Mr. A. Kishore and Mr. Saurabh Sagar, Advocates
For the R. University : Mr. A. K. Mehta, Advocate
Mr. Amit Kr. Sinha, Advocate
......
09/ 31.10.2023. Heard, learned counsel for the parties.
1. Both the aforesaid Writ Petitions arise out of common order of transfer and
therefore they have been heard together and shall be disposed of by this common
order.
2. The common transfer order as contained in Memo No.Estt/EC/129/23 dated
04.07.2023 issued by the Vice-Chancellor, Ranchi University, Ranchi is under
challenge.
3. Petitioner (Ambrish Kumar) serving on the Class-III Post as Accountant in
Ranchi Women's College, Ranchi was transferred by the impugned order to the
Doranda College, Doranda whereas Mugdha Tiwari (petitioner) serving as Head
Assistant in Doranda College, Doranda, was transferred by the same order to the
Ranchi Women's College, Ranchi.
4. The order of transfer is under-challenge on the ground that there is no provision
for transfer inter-cadre from one College to another.
5. Law is settled by long line of judicial precedent that the Vice-Chancellor of the
University within territorial jurisdiction of the Jharkhand has no jurisdiction to
transfer a non-teaching employee (Class- III or IV) from one Constituent College
to another constituent college. Reliance is placed on the judgment of Baidyanath
Thakur vs. Ranchi University and Ors, [2005 SCC OnLine Jhar 546] and Ram
Ashis Ram vs. Rajendra Agriculture University and Ors, [(1993) 1 PLJR 89].
6. Learned counsel for the respondent(s)- Ranchi University has opposed the
prayer. It is submitted that the order of transfer was for some administrative
reasons and does not in any way prejudice the petitioner(s). The transfer has been
effected in the same city between colleges which are at a distance of six
Kilometre as Mugdha Tiwari (petitioner) has been transferred from Doranda
College, Ranchi to the Women's College whereas Sri Ambrish Kumar
(Petitioner) has been transferred from Women's College, Ranchi to Doranda
College, Ranchi vice-versa.
7. It has further not been disputed that there does not exist any provision for transfer
of non-teaching employees inter-se between constituent college.
8. Having considered the submissions and authorities relied upon, there cannot be
two views regarding the legal proposition canvassed on behalf of the petitioner
(s) that in absence of any provision the transfer from one constituent college to
another college, the impugned order is without any legal basis. The exercise of
administrative power is not in conformity with the rules and regulations framed
for their exercise and in absence of it, the exercise will be non est in the eyes of
law.
Under the circumstances, the impugned order is set aside.
Both the Writ Petitions are allowed with all consequences.
Pending I.A., if any, stands disposed of.
(Gautam Kumar Choudhary, J.)
Sandeep/
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