BENGAL ENGINEERING AND SCIENCE UNIVERSITY SHIBPUR TEACHERS ASSOCIATION Vs. BENGAL ENGINEERING AND SCIENCE UNIVERSITY SHIBPUR

JUDGEMENT

(1.) This writ application is filed by the petitioners for issuing a writ in the nature of Quo Warranto against the respondent no.6 for quashing his appointment in the post of Registrar, Bengal Engineering and Science University, Sibpur.

(2.) The respondent university constituted a selection committee for conducting the selection process. Eligible candidates appeared before the selection committee in interview on September 6, 2007. The selection committee recommended name of the respondent no.6 for appointment to the post of Registrar of the respondent university. And the same was placed before the board of management of the respondent university for consideration in its 39th meeting held on November 30, 2007. The Board of Management of the respondent university accepted the above recommendation. A letter appointment dated December 3, 2007 was issued in favour of the petitioner to appoint him to the post of Registrar of the respondent university. The respondent no.6 assumed the charges attached to the office of the Registrar of the respondent university on and from January 15, 2008.

(3.) It is submitted by Mr. Arunava Ghosh, learned advocate appearing for the petitioners, that the post in question was a "public office". The essential qualifications for the post of Registrar in the advertisement under reference were not prescribed in accordance with the provisions the first bye-laws, 1993-94 of the respondent university. In accordance with the provisions of Clause 2(iiia), at least 15 years' experience in the academic institutions like university or in an institute of higher learning of which five years must be in high level administration in a university or in an institute of post graduate study was one of the essential qualifications for appointment as registrar of the respondent university. It is further submitted by Mr. Ghosh that in accordance with the provisions of sub-section(2) of Section 1 of the Bengal Engineering and Science University Act, Sibpur, 2004(hereinafter referred to as the said Act, 2004), the provisions of Section 53 came into force with effect from September 2, 2004. Under the provisions of sub-section (7) of Section 53 of the said Act notwithstanding repeal of bye-laws of the Bengal Engineering College, a deemed university, until the appointed day, all the authorities and bodies referred to in the bye-laws should continue to exercise all powers. According to him, the essential qualifications prescribed for the post of Registrar of the respondent university prescribed in first bye-laws, 1993-94 of the respondent university were in force at the time of appointment of the respondent no.6 and those provisions were mandatory having statutory sanction in the light of the above provisions of the said Act, 2004. He further submits that the respondent no.6 did not possess essential qualifications of at least 15 years' experience in academic institutions like university or in an institute of higher learning of which five years must be in high level administration in a university or in an institute of post graduate studies. The attention of this court is also drawn towards the release order dated January 15, 2008 to show that the respondent no.6 had experience for the post of Valuation Officer, Calcutta Improvement Trust.