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10.With reference to the last argument that there is no power to transfer a person from the University to a constituent college, cannot also be accepted so long as there was no reduction of his status or emoluments. In this context, it is necessary to refer to a judgment of the Supreme Court in Vice-Chancellor, L.N. Mithila University v. Dayanand Jha, (1986) 3 SCC 7. The following passages found in paragraphs 7 and 8 of the said judgment may be usefully extracted below:

"7. We have no hesitation in repelling the contention of learned counsel for the respondent that the words any equivalent post used in Section 10(14) of the Act cannot bear the meaning of the expression other equivalent post as defined in Section 2(ka, chh). It must be remembered that both the provisions were inserted by the Amendment Act and the expression other equivalent post was defined in Section 2(ka, chh) to give effect to the power of the Vice-Chancellor to transfer any teacher of any department or college maintained by the university to any equivalent post in any other department or college maintained by it. To remove any doubt or difficulty as to construction, and to make the conferral of power of transfer on the Vice-Chancellor under Section 10(14) of the Act meaningful and effective, the legislature thought it expedient to provide the definition of the expression other equivalent post in Section 2(ka, chh). The definition clause must be read in the context of the phrase which it defines as the function of a definition clause is to give precision and certainty to a word or phrase which would otherwise be vague and uncertain. If the contention of learned counsel for the respondent were to be accepted, it would reduce the definition of the expression other equivalent post as contained in Section 2(ka, chh) a mere superfluity.
8. The prerequisite of the power of the Vice-Chancellor under Section 10(14) of the Act to transfer any teacher occupying a post in any department or college maintained by the University to any equivalent post in another department or college maintained by it is that they must, broadly, bear the same characteristics. The mere circumstance that the two posts are carried on the same scale of pay is not enough. That is because in the original text of the Amendment Act the words used in Section 10(14) as well as in the expression other equivalent post as defined in Section 2(ka, chh) are samakaksh pad. Learned counsel for the respondent is therefore right in contending that equivalence of the pay scale is not the only factor in judging whether the post of Principal and that of Reader are equivalent posts. We are inclined to agree with him that the real criterion to adopt is whether they could be regarded of equal status and responsibility. The term teacher is defined in Section 2(ka, chh) to inlcude Principal, University Professor, College Professor, Reader, Lecturer etc. Professors of the university like head of the department, College Professors, Readers, Lecturers belong to different grades and discharge different duties and responsibilities The power of the Vice-Chancellor to transfer any teacher under Section 10(14) is controlled by the use of the word samakaksh and he cannot transfer any teacher from one post to another in a department of the university or a college unless they belong to the same class. In that view, there can be no doubt that the two posts of Principal and Reader cannot be regarded as of equal status and responsibility. The true criterion for equivalence is the status and the nature and responsibility of the duties attached to the two posts. Although the two posts of Principal and Reader are carried on the same scale of pay, the post of Principal undoubtedly has higher duties and responsibilities. Apart from the fact that there are certain privileges and allowances attached to it, the Principal being the head of the college has many statutory rights, such as: (i) He is the ex officio member of the Senate. (ii) He has the right to be nominated as the member of the Syndicate. (iii) As head of the institution, he has administrative control over the college Professors, Readers, Lecturers and other teaching and non-teaching staff. (iv) The Principal of a constituent college is also the ex officio member of the Academic Council of the university. (v) He has the right to act as Centre Superintendent in the university examinations. It is thus evident that the High Court was right in holding that the post of Reader could not be regarded as an equivalent post as that of Principal in the legal sense. Maybe, when the affairs of a college maintained by the university are mismanaged, the Vice-Chancellor may, for administrative reasons, transfer a Professor or Reader of any department or college maintained by it to the post of the Principal of such college, but the converse may not be true. While the Professors and Readers by reason of their learning and erudition may enjoy much greater respect in society than the Dean or Principal of a college, it does not follow that the post of Principal must be treated as equivalent to that of a Reader for purposes of Section 10(14) of the Bihar State Universities Act, 1976, as amended." (Emphasis added)