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Judgment
Date : 07-08-2026 Heard Learned Advocate for the petitioner and the learned Advocate for the University.
The petitioner is presently working as an Associate Professor (Hindi) at M.D. College, Naubatpur has approached this Court with a categorical averment that he has been suffering from serious chronic Kidney Ailment (Stage 5) for a last few years and his treatment is undergoing in various reputed hospitals, including CMC, Vellore and AIIMS, Patna. In the aforesaid premise, the petitioner had filed a representation before the Vice Chancellor of the Patliputra University that since he is facing acute crisis on account of serious Kidney Ailment and he is at terminal stage, therefore, his request for transfer may be considered and he may be transferred from any nearest college to the Patna, including B.S. College, Danapur where the post was vacant. The aforesaid representation was duly received on 17.03.2026. While the request of the petitioner was pending consideration, in the meanwhile, the Vice Chancellor of the Patliputra University has come out with Memo No. R/PPU/1117/26 dated 20.06.2026 to the extent it relates to the petitioner whereby the petitioner has been sent on deputation to Rajkiya Degree College, Ghoswari, Patna from M.D. College, Naubatpur. Learned Advocate for the petitioner submitted that instead of taking a lenient view and showing sympathy to the petitioner, as he was suffering from a serious Kidney Ailment (Stage 5), he has been sent on deputation to the newly established degree college, that too, without his prior consent.
It is contended that the petitioner though being eligible to be appointed as in-charge Principle in the newly established degree college, preferred not to apply for his appointment, considering his illness and fragile health condition. In such circumstances, the petitioner again preferred a fresh representation, the copy of which have been marked as P/8, P/9 and P/10 duly addressed to the Vice Chancellor of the Patliputra University but till date the same has not been considered compelling to the petitioner to approach this Court. This Court is also apprised that in the meanwhile, the Additional Chief Secretary to the Governor has informed all the Vice Chancellor of the University that no representation for transfer/change of location shall be considered at any level, until further orders.
On the other hand, learned Advocate for the University has sought a short adjournment to apprise this Court with regard to the present position in the matter.
Having considered the serious illness and fragile health condition of the petitioner, besides the fact that prior to the deputation, the consent of the petitioner has not even been asked for, this Court deems it fit and proper to direct the Vice Chancellor of the Patliputra University to consider the case of the petitioner sympathetically, taking note of his serious health condition as he is suffering from chronic Kidney Ailment (Stage 5), which is terminal in nature and require urgent treatment.
It is expected that the Vice Chancellor of the Patliputra University shall take appropriate decision in matter, preferably within a period of two weeks.
In the meanwhile, the impugned order dated 20.06.2026 (Annexure-P/1), insofar as it relates to the petitioner, shall remain stayed.