The Patna High Court has directed Patliputra University to sympathetically reconsider an associate professor’s transfer request after noting his serious stage-5 chronic kidney ailment and fragile health. The court observed that his deputation was ordered without seeking his consent and stayed the June 20 order concerning him.
Justice Harish Kumar was dealing with a plea of an associate professor (Hindi) at M D College, Naubatpur, challenging his deputation to Rajkiya Degree College, Ghoswari, seeking consideration of his request for transfer to a college closer to Patna due to his serious kidney ailment.
“Having considered the serious illness and fragile health condition of the petitioner, besides the fact that before 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,” the court said on August 7.
The court ordered the Vice Chancellor of the Patliputra University to take an appropriate decision in the matter, preferably within a period of two weeks.
The petitioner, who is presently working as an Associate Professor (Hindi) at M D College, Naubatpur, has approached the court with an averment that he has been suffering from a serious chronic kidney ailment, stage 5, for the last few years and his treatment is being undertaken in various reputed hospitals, including CMC, Vellore and AIIMS, Patna.
Citing his serious health condition, he sought transfer to a college nearer Patna, including B.S. College, Danapur, where a post was vacant. His transfer representation was received by the Patliputra University Vice Chancellor on March 17.
However, while it was pending, the university issued an order on June 20, deputing him as in-charge Principal of the newly established Rajkiya Degree College, Ghoswari, Patna, without obtaining his consent. The petitioner argued that, given his fragile health, the university should have considered his request sympathetically instead of deputing him. He then submitted fresh representations seeking relief, but they remained undecided, prompting him to approach the high court.
Appearing for the university, advocates Anand Kumar, Rajan Prakash, and Pragya Kiran sought a short adjournment to apprise the court of the current position of the matter. The judgment does not record any substantive counter-arguments from the university on the petitioner’s medical condition or transfer request.
The court took note of the petitioner’s serious health condition and fragile state, observing that he was suffering from Stage 5 chronic kidney disease, which was terminal in nature and required urgent treatment.
The court also noted that the petitioner’s consent had not been obtained before his deputation to Rajkiya Degree College, Ghoswari. In these circumstances, the court found it appropriate to direct the Vice Chancellor of Patliputra University to consider the petitioner’s case sympathetically, keeping his serious medical condition in mind.
The court directed the vice chancellor to take an appropriate decision preferably within two weeks and, meanwhile, stayed the June 20 deputation order as it concerned the professor.
Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More
