Braj Kishore Narayan vs The Magadh University and Others

Navin Sinha, J.—Heard learned counsel for the petitioner and University. The grievance in the writ petition was with regard to failure for acceptance of joining in the College of Commerce, Patna pursuant to transfer dated 16.4.2012. The University in its counter affidavit took the stand that the petitioner had been appointed at the S.B.A.N. College, Darhetta Lari at Arwal, a IVth phase constituent college and payment of non-teaching staff is being released as per the number of sanctioned posts in the college. In other words, the posting of the petitioner as a non-teaching staff appointed under the IVth phase in another college would not only be contrary to the sanctioned strength of the Commerce College but it may also have created problems with regard to payment of salary.

The petitioner filed his reply to the counter affidavit bringing on record orders dated 28.4.2006 with regard to another non-teaching staff transferred from the S.B.A.N. College to the J.D. Women''s College at Patna stated to be in the IVth phase also.

The matter was adjourned earlier to enable Counsel for the University to seek instructions on the aspect of discrimination. No rejoinder has been filed. The oral submission made from the written instruction received also does not answer the question.

The action of the University appears apparently discriminatory. The only defence urged has been found to be not sustainable. The defence of the University shall be judged by the same standard by which it professes to act. The University is issued mandamus to treat all similarly situated employees in similar manner to its satisfaction. The order dated 22.8.2012 canceling the transfer of the petitioner to the Commerce College, Patna is set aside but without prejudice to the rights of the University to apply parity amongst all similarly situated.

If the impugned order dated 22.8.2012 has been set aside, the consequences naturally follow in accordance with law. The application is allowed.