Bombay High Court
Archana Rajkumar Patil Alias Archana ... vs The Vice-Chancellor, Maha. Animal And ... on 1 August, 2022
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
wp4459.2022.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4459/2022
Dr. Archana Rajkumar Patil alias Archana Mukund Kadam
-Vs.-
The Vice-Chancellor, Maharashtra Animal & Fishery Sciences University,
Nagpur and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. A.B. Patil, Advocate for the petitioner.
Mr. A.R. Patil, Advocate for the respondents.
CORAM : A.S. CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.
DATE : 1.8.2022 The petitioner has challenged the order of transfer dated 29.7.2022 by which she has been posted at a vacant post at Udgir. It is the case of the petitioner that she has been appointed as an Assistant Professor on 13.7.2009 at Nagpur Veterinary College. Since then she is serving at Nagpur. By the impugned transfer, which is midterm in nature, she has been shifted at a place which is about 450 kilometers from Nagpur.
2. According to the learned counsel for the petitioner, the petitioner being at serial No.7 in the seniority list she alone has been subjected to the order of transfer and those who are senior to her have not been transferred. Inviting attention to the transfer policy including Resolution No.87/2022 it is submitted that there is no justifiable ground to transfer the petitioner especially when the wp4459.2022.odt 2/3 present academic year has commenced. It is also the apprehension of the petitioner that since respondent No.1 has grudge against the petitioner's husband, who is serving as an Assistant Professor, the petitioner has been victimized. On this ground, it is submitted that the impugned order of transfer has to be interfered with.
3. Learned counsel for the respondents submits that since the initial appointment the petitioner is at Nagpur. She has served for a period of almost 13 years and that the transfer is on a vacant post which is after assessing the requirement of the College at Udgir. Insofar as the contention that the petitioner is being singled out for transfer is concerned, it is submitted that the staff members at serial Nos.1 to 3 are undertaking their projects which are valued at more than ₹10,00,000/-. Insofar as incumbent at serial No.4 is concerned, he has left the job. The incumbent at serial No.5 is the Personal Secretary of the Vice-Chancellor while incumbent at serial No.6 has also left the job. It is denied that by way of victimization the petitioner has been transferred.
4. On hearing the learned counsel for the parties, we find that since her initial appointment the petitioner has been serving at Nagpur. The seniority list does not indicate that she alone has been singled out. As regards the transfer policy, suffice to observe that the petitioner has been transferred on a vacant post and considering the nature of duties, it is for respondent Nos.1 and 2 to consider the suitability of a particular member of the teaching staff at a particular college. The allegations made regarding the husband of the wp4459.2022.odt 3/3 petitioner appear to be those on account of discharge of his duty and we do not find any material to connect the petitioner's transfer with the same.
5. In that view of the matter, we find no scope to interfere with the order of transfer. After the petitioner joins at the place of transfer, she is free to make a representation to respondent No.1 putting out her difficulties and if such representation is made, respondent Nos.1 and 2 shall consider it in accordance with the prevailing position. Writ petition is thus dismissed.
(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.) Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Tambaskar.
Date:03.08.2022 15:08