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Patna High CourtCWJC/19820/2021dismissed

Ranjit Kumar v. The State Of Bihar

2022-09-23Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19820 of 2021 ====================================================== Ranjit Kumar Son of Late Ashok Kumar presently residing at Purani Kankerbagh, Gate No.- 16 Rajendra Nagar Terminal, P.S.- Patrakar Nagar, Dist.- Patna presently posted at Lower Division Cleark in Nalanda Mahila College, Bihar Sharif, Nalanda.

... ... Petitioner/s

Versus

1.

The State of Bihar through The Principal Secretary, Department of Education Govt. of Bihar, Patna.

2.

Chancellor, Govt. of Bihar.

3.

The Higher Education Director, Govt. of Bihar, Patna. 4.

The Vice-Chancellor, Patliputra University, Patna. 5.

Procter, Patliputra University, Patna.

6.

The Registrar Patliputra University, Patna.

7.

The Principal, Nalanda Mahila College, Bihar sharif, Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyam Sundar Pd., Adv.

For the Respondent/s :

Mr. Madhaw Pd. Yadaw (GP 23) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-09-2022

1. The petitioner by way of this writ petition prays to order the respondents to transfer the petitioner from Nalanda Mahila College, Bihar Sharif to any other College/office at Patna.

2. Learned counsel submits that the petitioner had made several representation but they have remained unanswered ,and therefore the respondent University be directed to consider the case of the petitioner and post him at Patna.

3. This court, finds that the writ petition is in the

Patna High Court CWJC No.19820 of 2021(2) dt.23-09-2022 2/2 nature of an application being moved to this court for taking up the administrative decision of posting/transfers which are the exclusive domain of the executive. The power to transfer on the post any person in the University from one College to another is governed by the provisions of the Act and Rules and the Statutes. The power is in the exclusive domain of the ViceChancellor and the Registrar and is on their own discretion and subjective satisfaction. This court under Article 226 would not exercise its extraordinary powers in the field of transfer/postings of individuals to one place or another.

4. The writ petition preferred before this court is found to be wholly mis-concieved and is accordingly dismissed. (Sanjeev Prakash Sharma, J) Sachin/- Item No. 32 U