Judgment 1. I.A. no. 2155 of 2013 has been filed on behalf of the respondents praying for vacating the order of stay in the writ petition. 2. Learned counsel for the petitioner submitted that this is a transfer matter and the writ petition itself can be heard and disposed of on merit. 3. Learned counsel for the respondents also agrees for the same. 4. Heard both the parties. 5. In the writ petition, the petitioner has prayed for quashing the order no.6640 dated 18th December,2012, issued by the Registrar, Birla Institute of Technology(BIT for short), Mesra, Ranchi, whereby the petitioner has been transferred from the post of Head of the Department of Bio-Technology, BIT, Mesra, Ranchi to the Department of Bio-Technology, BIT Extension Center, Patna. 6. The petitioner has challenged the said transfer order on three grounds. It has been submitted that the petitioner is the Head of the Department, whereas he will not the Head of the Department at the transferred place. Secondly, the petitioner's appointment as Head of the Department was for a fixed period of two years i.e. from 9th April,2012 to 8th April,2014 and his transfer before the lapse of tenure is wholly illegal. Thirdly, the petitioner is being transferred to BIT Extension Center, Patna where there is no existence of Bio-Technology department. On those grounds, it has been contended that the transfer order is arbitrary, illegal and wholly without jurisdiction. 7. The respondents have opposed the petition. In the counter affidavit, it has been stated, inter alia, that the Head of the Department is not a post and the teachers of the departments are made Head of the Department by rotation and hold post as long as the University/Vice-Chancellor wants him to work in that position. The allegation of arbitrariness is wholly baseless. The petitioner has been transferred and posted at BIT Extension Center, Patna due to functional requirement. There is no loss of status or position as he has to join the post at BIT Extension Center, Patna as Professor, Department of Bio-Technology. The Management has decided to utilize the petitioner's academic experience and his organizing capacity to initiate the department at BIT Extension Center, Patna and for that purpose request was made to him to join BIT Extension Center, Patna. In a joint meeting, the petitioner himself had agreed to join at BIT Extension Center, Patna after 15th April,2013. 8. Mr. The Management has decided to utilize the petitioner's academic experience and his organizing capacity to initiate the department at BIT Extension Center, Patna and for that purpose request was made to him to join BIT Extension Center, Patna. In a joint meeting, the petitioner himself had agreed to join at BIT Extension Center, Patna after 15th April,2013. 8. Mr. Manoj Tandon, learned counsel, appearing on behalf of the petitioner, replying to the said stand taken by the Management, submitted that the petitioner is holding tenure post and until his tenure expires at BIT, Mesra, he cannot be transferred elsewhere. 9. Learned counsel for the petitioner referred to and relied upon the decision of the Supreme Court in the case of 'P. Venugopal Vrs. Union of India' reported in (2008) 5 SCC 1 . He further submitted that Head of the Department cannot be transferred to the post of Professor. The transfer order is wholly discriminatory. In order to fortify his plea, he relied on the decision of the Supreme Court in Vice-Chancellor, L.N.Mithila University Vrs. Dayanand Jha' reported in (1986) 3 SCC 7 . 10. Mr. M.S.Anwar, learned senior counsel, appearing on behalf of the respondents, submitted that it is the clear stand of the respondents that the petitioner will enjoy the same position. He is being transferred to Patna Center on an equivalent post. He informed that the Management has decided to modify the order and designate him as Head of the Department of Patna Center. He further submitted that the BIT, Mesra, Ranchi is an Institute, which has got extension Centers. Those centers are part and parcel of the same institute. The teachers and staff are posted or transferred to the places where their services are required. Transferring the petitioner to Extension Center, Patna does not at all mean to curtail his tenure. The petitioner is being transferred to Patna Center to initiate the Department of Bio-Technology, he has been posted there looking to his experience ability and organizing capacity. 11. Having heard learned counsel for the parties and perused the record, I find that the petitioner has been sought to be transferred to Extension Center, Patna of the same Institute i.e. BIT, Mesra. The respondents have assured that he shall be transferred as Head of the Department. In view thereof, the petitioner is being transferred at equivalent post. 11. Having heard learned counsel for the parties and perused the record, I find that the petitioner has been sought to be transferred to Extension Center, Patna of the same Institute i.e. BIT, Mesra. The respondents have assured that he shall be transferred as Head of the Department. In view thereof, the petitioner is being transferred at equivalent post. By the said transfer order, the tenure of the petitioner has not been sought to be curtailed. Only by shifting him to another Center of the same Institute does not amount to any curtailment of his tenure. The Management has decided to use professional skill, academic knowledge and organizing capacity of the petitioner to initiate Department of Bio-Technology at the Extension Center, Patna. I, therefore, find no discrimination in reduction of rank or any other prejudice to the petitioner by the impugned transfer order, particularly when the respondents have themselves offered to modify the transfer order and transfer the petitioner as Head of the Department at Patna Extension Center. 12. The decisions of the Supreme Court in P. VenugopaI(supra) and Vice-Chancellor, L. N. Mithila University(supra) were rendered in difference fact situations. The said decision are not applicable to the facts of the instant case where the petitioner is being transferred and posted on the same post, without any curtailment of his tenure. 13. I, therefore, find no ground made out to interfere with the transfer order. 14. This writ petition is, accordingly, dismissed. 15. It is made clear that as assured by learned counsel for the respondents, the transfer order shall come into effect from the date of issuing the modified order giving sufficient time to the petitioner for joining the transferred place. I.A. no.2155 of 2013 also, accordingly, stands disposed of.