Transfer Order Issued by Dr. Rajendra Prasad Central Agricultural University’s Vice-Chancellor in May 2025 Set Aside; Amendment Conferring Transfer Powers Held Prospective Only
In a significant judgment dated 8th September 2026, the Patna High Court (Division Bench) dismissed the Letters Patent Appeal filed by Dr. Rajendra Prasad Central Agricultural University, Pusa, holding that the Vice-Chancellor did not have the statutory authority to transfer employees before the amendment of the University’s statutes on 20th December 2025.
The case arose when Dr. Geeta Kumari, an Assistant Professor in the Department of Microbiology, challenged her transfer order dated 18th May 2025, issued by the Vice-Chancellor of the University. The transfer moved her from her department to the Banana Research Centre at Goraul, Vaishali. Dr. Kumari contended that the Vice-Chancellor lacked the power to transfer employees at that time, as the University statutes then did not vest such authority in him.
The University argued that under Section 12(2) of the Dr. Rajendra Prasad Central Agricultural University Act, 2016, the Vice-Chancellor is the principal executive and academic officer, empowered to exercise general supervision and control over the University’s affairs, implicitly including transfers. The appellants further contended that the transfer was not punitive and that Dr. Kumari’s service conditions remained unchanged.
However, the Court scrutinized the Act and the University’s statutes, particularly Section 12(4)(xv), which empowers the Board of Management to delegate its powers to the Vice-Chancellor or other authorities. The Court found no evidence that the Board had delegated transfer powers to the Vice-Chancellor prior to the statutory amendment.
The pivotal point in the judgment was the amendment notified on 20th December 2025, which explicitly conferred the power of transfer on the Vice-Chancellor. The Court emphasized that this amendment was expressly prospective and could not retroactively validate transfer orders issued before its enactment.
The Division Bench held that the Vice-Chancellor’s transfer order dated 18th May 2025 was without statutory authority and thus invalid. The Single Judge’s order dated 11th September 2025, which set aside the transfer and directed restoration of Dr. Kumari to her original post, was affirmed. The Court also noted that Dr. Kumari had a statutory remedy to appeal against the Vice-Chancellor’s decisions under Section 12(3) of the Act, but this did not cure the lack of authority at the time of transfer.
This judgment clarifies the limits of administrative powers of university officials in the absence of explicit statutory authorization and underscores the prospective nature of statutory amendments. It also highlights the necessity for universities to ensure compliance with their governing statutes and proper delegation of powers before issuing orders affecting employees’ service conditions.
Bottom Line:
University Law - Vice-Chancellor's authority to transfer employees - Held, Vice-Chancellor of Dr. Rajendra Prasad Central Agricultural University, Pusa was not competent to issue transfer orders under the Dr. Rajendra Prasad Central Agricultural University Act, 2016 prior to the amendment dated 20.12.2025 - Amendment conferring transfer powers to the Vice-Chancellor is prospective and does not validate prior transfer orders.
Statutory provision(s):
Sections 12(2), 12(3), 12(4)(xv) of Dr. Rajendra Prasad Central Agricultural University Act, 2016.
