Neutral Citation No. - 2025:AHC-LKO:29082 Court No. - 3 Case :- WRIT - A No. - 5323 of 2025 Petitioner :- Brijendra Kumar Kashyap Respondent :- Babasaheb Bhimrao Ambedkar University Lko. Thru. Registrar And 3 Others Counsel for Petitioner :- Nilaya Gupta,Ajay Rawat Counsel for Respondent :- Gaurav Rastogi,Rajesh Tewari Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Nilaya Gupta, learned counsel for the petitioner and Sri Rajesh Tewari, learned counsel for the opposite parties. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.04.2025 passed by the opposite party No.3, in so far as it pertains to the petitioner, transferring the petitioner from the post of Assistant Registrar, BBA University and posting him as Assistant Registrar at the Amethi Satellite Campus of BBA University [as shown at Sl. No.2 therein], the consequential relieving order dated 24.04.2025 issued by the Registrar BBA University, relieving the petitioner in absentia and the order dated 05.05.2025 issued by the Vice-Chancellor of BBA University rejecting the petitioner's representation against the impugned transfer order, as contained in Annexure Nos.2 to 4 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to the impugned order dated 23.04.2025 passed by the opposite party No.3, in so far as it pertains to the petitioner, transferring the petitioner from the post of Assistant Registrar, BBA University and posting him as Assistant Registrar at the Amethi Satellite Campus of BBA University [shown at Sl. No.2 therein], the consequential relieving order dated 24.04.2025 issued by the Registrar BBA University, relieving the petitioner in absentia, as contained in Annexure Nos.2 and 3, during pendency of the writ petition." 3. Learned counsel for the petitioner has challenged the office order dated 23.04.2025 mainly on the ground that the petitioner, who is serving on the post of Assistant Registrar at Academic Section, Admission Cell, Internal Audit, Babasaheb Bhimrao Ambedkar University, Lucknow, may not be transferred to Amethi Satellite Campus of the same University for the reason that the aforesaid post is not transferable. 4. Learned counsel for the petitioner has submitted that challenging the impugned office order dated 23.04.2025 the petitioner preferred a representation dated 24.04.2025 to the Vice-Chancellor of the University indicating his bonafide grievance referring the relevant provisions of law and the aforesaid representation has been rejected by the Vice- Chancellor vide impugned order dated 05.05.2025 (Annexure No.4). 5. Sri Gupta has stated that the father of the petitioner is seriously ill and he is requiring frequent medical attention, for that, presence of the petitioner is very much required at Lucknow itself. In view of the medical condition of the father of the petitioner, the petitioner may not shift his father from Lucknow to Amethi inasmuch as his regular treatment is going on at SGPGIMS, Lucknow. 6. Learned counsel for the petitioner has further submitted that though the aforesaid grievance of the petitioner has been considered by the Vice-Chancellor of the University but instead of staying his transfer at Lucknow it has been indicated that the petitioner may apply for leave to attend the medical condition of his parents, more particularly his father, and his request for leave would be considered sympathetically. In the impugned order dated 05.05.2025 it has been stated that on account of exigency of work utilizing the services of the petitioner, he has been shifted at Amethi Satellite Campus. 7. Sri Gupta has also stated that issuing any transfer order of the Assistant Registrar is power vested with the Board of Management not with the Vice-Chancellor of the University but the petitioner has been transferred by the Vice-Chancellor. Therefore, the impugned transfer order is without jurisdictional order. 8. Per contra, Sri Rajesh Tewari has drawn attention of this Court towards Annexure No.11 of the writ petition, which is the appointment order of the petitioner being issued by the Registrar of University and the impugned office order dated 23.04.2025, which has also been issued by the Registrar of the University. He has also submitted that the petitioner is aware that the Vice-Chancellor is the Competent Authority, therefore he preferred the representation dated 24.04.2025 to the Vice- Chancellor which has been decided by the impugned order dated 05.05.2025. Sri Tewari has stated that the Vice- Chancellor is the Competent Authority to transfer or shift the Assistant Registrar from one campus to another campus of the same University. The Amethi Satellite Centre is one of the Campus of the same University where the petitioner has been shifted or transferred in the exigency of service. 9. Sri Tewari has also submitted that the grievance of the petitioner regarding ailment of the parents of the petitioner has been considered by the Vice-Chancellor and the petitioner will be accommodated as and when his presence would be required at Lucknow to attend his ailing parents. 10. Having heard learned counsel for the parties and having perused the material available on record, I am of the considered opinion that transfer is an exigency of service, therefore, in the interest of official assignment and works the present petitioner may be shifted from Lucknow to Amethi, but considering the main grievance of the petitioner regarding ailments of his parents, he may be shifted at Amethi Satellite Campus for a limited period and that fact could have been indicated in the order dated 05.05.2025 passed by the Vice-Chancellor. Being a son of ailing parents, it is pious duty and responsibility of the petitioner to look-after his ailing parents and being a disciplined employee he should discharge his duties with diligence and with sincerity. 11. Therefore, without entering into merits of the issue and without interfering with the impugned orders, the liberty is given to the petitioner to prefer a fresh representation to the Vice-Chancellor of the University and copy thereof may be sent to the Board of Management of the University taking all pleas and grounds which are available with him annexing therewith copy of his earlier representation, if any, and the relevant documents in support of his claim including the medical papers of his ailing parents within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the Competent Authority shall consider and dispose of the grievance of the petitioner sympathetically and as per policy, with expedition preferably within a period of six weeks from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 12. It is needless to say that the Vice-Chancellor or the Board of Management of the University may not feel any prejudice with the petitioner for the reason that he has challenged the transfer order before this Court and the decision shall be taken independently in terms of what has been directed above. It is also needless to say that the petitioner shall prefer the aforesaid representation after submitting his joining at Amethi Satellite Campus of the University pursuant to the office order dated 23.04.2025, but on account of submitting his joining at Amethi Satellite Campus of the University, no prejudice shall be caused to the petitioner and appropriate order would be passed in terms of the direction being issued by this Court. 13. In view of the aforesaid terms, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 16.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench