Even the Vice-Chancellor Cannot Make Such Transfers High Court Declares University's Office Order 61/2022 Illegal, Imposes Strict Ban on Transfers from University to Colleges
Bhagalpur (Senior Correspondent): The Patna High Court has delivered a crucial and far-reaching verdict regarding the administrative cadre, units, and service conditions of non-teaching employees working in state universities. In a clear and definitive ruling, the High Court has established that university headquarters personnel cannot be transferred to constituent colleges. With this historic order, the court has declared the controversial Office Order Number 61/2022, issued by the university on June 10, 2022, entirely illegal and void. This judicial observation is not limited to an individual case alone; rather, it cracks down heavily on arbitrary administrative transfers occurring across universities statewide.
What Was the Entire Case and Why Did It Reach Court?
This legal dispute originates from Tilka Manjhi Bhagalpur University (TMBU) located in Bhagalpur:
Opposition to Unit Reallocation: Section Officer Kanan Raju was transferred from the administrative unit (TMBU Unit) to a constituent college unit by the university administration.
A Protracted Legal Battle: Petitioner Kanan Raju fought a prolonged legal battle against this order, informing the court that the transfer blatantly violated the established rules and provisions of the university. According to the petitioner, he had been seeking justice against this administrative arbitrariness for the past 23 years.
High Court Verdict: Recognizing the gravity of the matter, the bench of Patna High Court Justice Ritesh Kumar concluded hearings on this petition and delivered its vital verdict on August 10. Fully upholding the petitioner's claims, the court quashed the university order that had dispatched him to the college unit.
Cadre and Unit System Clarified by the High Court
In its ruling, the High Court clearly defined the structure and working units of non-teaching university employees:
Unit-1 (Headquarters Unit): The court clarified that the university office, its associated central units, Postgraduate (PG) departments, and all administrative branches of the university fall under 'Unit-1'.
Unit-2 (College Unit): Conversely, all constituent colleges and their allied sub-units form part of 'Unit-2'.
Prohibition on Reciprocal Transfers: Interpreting the law, the court issued a strict directive that no employee from Unit-1 can be transferred to Unit-2, nor can any employee from Unit-2 be transferred to Unit-1, as their cadres and operational jurisdictions are entirely distinct.
"Even the Vice-Chancellor Does Not Possess Such Power" – The Court's Major Observation
The most critical and striking aspect of this judgment is the legal point tied to the powers of the university's highest administrative office, the Vice-Chancellor:
Reference to Bihar State Universities Act 1976: Citing Section 10(18) of the Bihar State Universities Act, 1976, the court clarified that even under the general administrative powers conferred upon the Vice-Chancellor by this statute, they are not entitled to execute such inter-unit transfers.
Legal Limitations: In other words, the Vice-Chancellor of a university lacks the authority to bypass rules and transfer university headquarters personnel to a college unit or vice versa.
Quashing of Office Order 61/2022 and Its Implications
The court deemed the office order (Number 61/2022) issued by the university on June 10, 2022, legally invalid:
Order Annulled: The High Court rendered ineffective the order that was being used to flout employee cadre regulations.
Directive to Return to Parent Unit: The court issued a strict directive to reinstate the concerned employee to the university unit (Unit-1) with immediate effect and ensure salary disbursements originate from there.
Wave of Joy Among Employees, Challenge Before Officials
Following this clear and stern verdict by the High Court, a wave of jubilation has spread among non-teaching employees of the university. Employees believe this ruling will curb arbitrary administrative actions within universities. The petitioner has formally demanded that the university administration (the Vice-Chancellor and Registrar) comply with this court order verbatim without any delay and refrain from any future adverse actions based on the rescinded transfer order. It remains to be seen how the university administration brings its administrative apparatus back within the bounds of the law following this legal crackdown.
