This court dismissed a writ petition challenging a transfer order moving an Assistant Professor from Rajendra College to Kamla Rai College. Finding the transfer was due to administrative exigencies and the petitioner had already joined, the court held no further interference was called for though representations were allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2157 of 2022
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Dr. Vivek Tiwari, S/o Shri Prem Chandra Tiwari, Asst. Professor, Kamla Rai College, Gopalganj, permanent resident of 228 Pooravishram Ambedkar Nagar, Tanda, P.S.-Tanda, District-Ambedkar Nagar, Uttar Pradesh, Pin 224190.
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. Mr. Baban Kumar, Adv. For the J.P.U. : Mr. Ritesh Kumar, Adv. For the State : Mr. Nishant Kumar Jha, AC to SC 28 For the Chancellor : Mr. Rana Vikram Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA
ORAL ORDER
3 24-01-2023 Heard the parties.
he has been shifted from the post of Assistant Professor, Department of Psychology, Rajendra College, Chapra to Kamla
Patna High Court CWJC No.2157 of 2022(3) dt.24-01-2023 2/4
Rai College, Gopalganj in the same University by order dated 26.11.2021. The petitioner at the time of joining he has not made any objection and after he has joined that he has raised objections relating to the transfer. He has made representation thereafter, stating that his wife is working at Rajendra College, Chapra and therefore, the transfer order should be revoked. In the representation, no allegations of malafide have been alleged by the petitioner. However, in the writ petition it is alleged that the transfer has been effected on account of certain complaints made by the petitioner’s wife who was Head of the Department of Psychology.
Patna High Court CWJC No.2157 of 2022(3) dt.24-01-2023 3/4
Vs. The Chancellor Universities of Bihar and Dr. Hira Prasad Singh Vs. The State of Bihar to submit that this Court has interfered with transfers holding that there was no administrative exigency for transferring the said petitioner.
Patna High Court CWJC No.2157 of 2022(3) dt.24-01-2023 4/4
observation.
(Sanjeev Prakash Sharma, J)
Sachin/Item No. 2
U
3 issues framed by the court
Whether the transfer of an Assistant Professor can be interfered with in public interest if he has already joined the new post?
Whether the transfer order was based on administrative exigencies or malafide?
Whether the petitioner is entitled to further interference in his transfer after joining the new post?
Colour shows how this judgement treated each authority
Dr. Vivekananda Shah Vs. Tilka Manjhi Bhagalpur UniversityReferred¶22
Dr. Vivekananda Shah Vs. Tilka Manjhi Bhagalpur University
Dr. Ranjeet Kumar Vs. The Chancellor Universities of BiharReferred¶22
Dr. Ranjeet Kumar Vs. The Chancellor Universities of Bihar
Dr. Hira Prasad Singh Vs. The State of BiharReferred¶22
Dr. Hira Prasad Singh Vs. The State of Bihar
Dr. Vivek Tiwari
The State of Bihar
Jai Prakash Vishwavidyalaya
Additional Chief Secretary, Education Department
Honble Chancellor of University Bihar
The Registrar, Jai Prakash Vishwavidyalaya
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
