March 07, 2026 : The Chhattisgarh High Court has held that a registrar belonging to the State University Service cannot be posted or attached to a government department outside the university system, observing that such a move violates the statutory framework governing university services.
Allowing a writ petition filed by registrar Binod Kumar Ekka, Justice Parth Prateem Sahu on February 9 set aside a state government order dated March 15, 2024, which had attached Ekka to the office of the Commissioner of Higher Education.
The court noted that the post of registrar is a statutory position created under the Chhattisgarh Universities Act, 1973 and governed by the State Universities Services Rules, 1983. Under these provisions, the transfer of officers holding such posts is permissible only between universities and not to any non-university establishment.
“The petitioner has been transferred/posted in violation of the mandatory statutory provisions of the Act and Rules,” the court observed, adding that neither the 1973 Act nor the 1983 Rules empower the state government to post a registrar in any office other than a university.
Ekka, represented by advocate Neeraj Choubey, challenged the attachment order stating that he was promoted as registrar in 2016 and posted at Sant Gahira Guru University, Surguja. He argued that attaching him to the office of the Commissioner of Higher Education was contrary to the statutory scheme governing university service personnel.
He further submitted that the post of registrar is not sanctioned in the Commissioner’s office and that his representation seeking cancellation of the attachment had not been considered by the authorities.
Opposing the petition, the state government argued that since it is the appointing authority for posts such as registrar, it had transferred Ekka to the Commissioner’s office pending inquiry into alleged financial irregularities during his tenure at the university.
During the proceedings, however, the petitioner produced documents obtained under the Right to Information Act, 2005, which indicated that no departmental inquiry had been initiated against him.
After examining the relevant statutory provisions, the court held that members of the State University Service can be transferred only from one university to another under the authority of the Kuladhipati (Chancellor). Posting them to any other establishment falls outside the scope of the governing law.
Terming the attachment order “de hors the rules” and therefore unsustainable, the High Court allowed the writ petition and quashed the Chhattisgarh state government’s order.
