Judgment S. N. Jha, J. 1. In this writ petition the petitioners, three in number, have prayed for quashing the orders as contained in Annexures 12 to 6 by the order as contained in Annexure 12 dated 3-9-1992 the Additional secretary of the Human Resources, Development Department, Government of Bihar, has informed the Secretary, Bihar College Service Commission that the representation in the matter of transfer of 12 employees, as named therein, from College Service Commission to Bihar State University (Constituent Colleges) Service Commission had been rejected, and directed him to immediately make available the services of the said 12 persons at the disposal of the Bihar State University (Constituent Colleges)Service Commission. Annexure 16 contains the office order dated 10-9-1992 by which seven out of the 12 aforesaid persons mentioned in Annexure 12 have been relieved. Annexures 13, 14 and 15 are said to be the basis of the impugned orders as contained in Annexures 12 and 16 and, accordingly, the petitioner have challenged those orders as well. 2. The dispute in the writ petition relates to surrender transfer of posts from the Bihar College Service Commission (college Service commission in short) to Bihar State University (Constituent Colleges service Commission (constituent Colleges Service Commission in short ). It appears that a Commission known as Bihar University Service Commission was created and established in 1960 under the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960 (Bihar Act 14 of 1961 ). Later after enactment of Bihar University Service Commission Act, 1976 (Bihar Act 26 of 1976) the University Service Commission started functioning under that Act until it was amended by the Bihar University service Commission (Amendment) Act, 1981 (Bihar Act 30 of 1982) when it came to be called as the College Service Commission. Another Commission known as the Bihar State University (Constituent Colleges) Service commission was created and established under an ordinance in 1985 which was ultimately enacted as the Bihar State University (Constituent Colleges)Service Commission Act, J987. Although the functions of the two commissions are analogous, they have separate and distinct existence operating in different spheres. While the College Service Commission deals with the matters related to making selection for appointments in the affiliated Colleges of the State, the Constituent Colleges Service Commission does the same job with respect to the Constituent Colleges of the State. Although the functions of the two commissions are analogous, they have separate and distinct existence operating in different spheres. While the College Service Commission deals with the matters related to making selection for appointments in the affiliated Colleges of the State, the Constituent Colleges Service Commission does the same job with respect to the Constituent Colleges of the State. It may be stated here that before the Constituent Colleges Service Commission came into existence the work of making selection for appointments in the Constituent Colleges was being done by the Bihar Public Service commission. 3. When the Constituent Colleges Service Commission came into existence in 1986 the State Government thought that the work load of the College Service Commission would be reduced and, therefore, the college Service Commission would not require the same number of persons as before Accordingly, by letter dated 14-9-1985/28-10-1985 the Government while sanctioning the creation and establishment of the Constituent colleges service Commission directed that the Commission would be manned by incumbents of the College Service Commission.37 posts of the College service Commission were thus surrendered in favour of the Constituent colleges Service Commission. It is an admitted position that out of 37 posts, investments of 25 posts were relieved from the Commission and in course of time they have been absorbed in the service of the Constituent colleges Service Commission. They left over 12 persons including the on three petitioners stand on same footing as the other 25 persons although, account of the absorption of the said 26 persons in the service/of the constituent Colleges Service Commission, their surrender/transfer from the college Service Commission is a closed chapter now. 4. According to the petitioners, they are the employees of the College service Commission, a statutory body, having a perpetual existence and they held posts under the said Commission on substantive basis. They have relied on their letters of appointments and orders of confirmation issued by the College Service Commission It is contended that since the two commissions are entirely separate having their independent status under two different Acts, surrender of posts and/or transfer of their services from one to the other without their consent is not permissible. They have relied on their letters of appointments and orders of confirmation issued by the College Service Commission It is contended that since the two commissions are entirely separate having their independent status under two different Acts, surrender of posts and/or transfer of their services from one to the other without their consent is not permissible. It is also contended that if the impugned orders are implemented and the remaining 12 persons including the petitioners are also transferred there will be no staff left in the College Service Commission resulting in virtual closure of the Commission. 5. Counsel for the College Service Commission supported the stand of the petitioners. Counsel for the State, however, submitted that there were 65 sanctioned posts in the College Service Commission earlier. After the establishment of the Constituent Colleges Service Commission the work of the Commission was to be considerably reduced. Since the Constituent colleges Service Commission was created for the same purpose and doing the same job as the College Service Commission was performing with respect to affiliated colleges earlier, it was decided to surrender 37 out of 65 posts to run the newly created Commission. It is stated that there is little work left in the College Service Commission to justify retention of the 12 persons in question. 6. Counsel for the petitioners in reply submiited that although the constituent Colleges Service Commission after its establishment came to discharge analogous functions, its work, namely making selection for the constituent Colleges of the State was earlier being done by the Bihar Public service Commission and not by the College Service Commission. It was submitted that the petition might be different if the job of the Constituent colleges Service Commission had been performed earlier by the College service Commission because in that situation the Constituent Colleges service Commission could be deemed to have come into its place so far as the Constituent Colleges of the State are concerned. However, as those functions were earlier being performed by the Bihar Public Service Commission establishment of the Constituent Colleges Service Commission could in no manner have affected the functioning or the job requirements of the college Service Commission. However, as those functions were earlier being performed by the Bihar Public Service Commission establishment of the Constituent Colleges Service Commission could in no manner have affected the functioning or the job requirements of the college Service Commission. It was also contended that having regard to the fact that dozens of affiliated colleges have come into existence in the state of Bihar in recent times the work load of the College Service commission must be presumed to have increased rather than decreed. 7. It is not possible to find out the requirements of the personnel either in the Constituent Colleges Service Commission or in the College service Commission. The fact, however, is not in dispute that whatever be said about their status otherwise, the petitioners are not the employees of the State Government. I repeteadly asked the Standing Counsel to point out as to under what authority of law the State Government was purporting to transfer the employees of one Commission to the other. Counsel could not give any answer. While the power to create policy, abolish, surrender or transfer the posts under a policy one or for good nature has to be conceded to the State Government, I am not able to appreciate as to how the services of an employee can be transferred to an altogether different establishment governed by different service conditions under different Act without his consent Had the petitioners been a Government servants, they could be deemed to be on deputation either in the College service Commission or in the Constituent Colleges Service Commission. However, as stated above, there is no suggestion to that effect. If the state Government has no authority to make appointments in the College service Commission and if, as a matter of fact, the petitioners have been appointed and confirmed by the said Commission in the posts the impugned order directing their transfer caanot be said to be in accordance with law. 8. In the result, therefore, the impugned order dated 3-9-1992 (Annexure 12) and the consequential office order dated 10-9-1991 (Annexure 16) in so far as they relate to the petitioners are quashed. This application is, thus, allowed, but without any order as to cost.