SUBHASIS DUTTA Vs. VISVA BHARATI UNIVERCITY

JUDGEMENT

(1.) THIS writ application is directed against the appointment of the respondent No.4 to the post of Audio Visual Operator in Social Work under the Visva-Bharati University.

(2.) THE backdrop of the case in a nutshell is as under: By advertisement No.7/2004 the respondent University invited applications from eligible candidates for appointment in the post of Audio Visual Operator, Social Work under the respondent No-1. THE essential qualifications for the above post were graduate with Certificate/Diploma/ Degree in Computer Science. THE petitioner and the respondent No.4 participated in the selection process, amongst other eligible candidates in the above selection process. Interview took place on May 22, 2005 the respondent No.4 was appointed in the post under reference on May 22, 2005. On or about June 4, 2005 the petitioner came to know that under the Recruitment-cum-Promotion rules for General and Non-general/Technical employees of Visva-Bharati University (non-teaching), the essential qualifications were graduate preferably in science followed by a Diploma/ Certificate/Training in Audio Visual Aids from a recognised University. Immediately he submitted a representation dated June 22, 2005 to the respondent No.2 raising objection with regard to selection of the respondent No.4 in the above post on the ground of non-fulfilment of essential qualification. Since the respondent university paid no heed to his representation, this writ application was filed.

(3.) IT is submitted by the learned senior counsel appearing for the respondent Nos. 1 to 3 that the said post remained vacant for a long time of the respondent No.2 prescribed essential qualification in deviation from the recruitment rules. According to him, though the said recruitment rules prescribed Diploma/Certificate/Training in Audio Visual Aids from a recognized institution as one of the essential qualifications, the respondent No.2 changed the above essential qualification to Certificate/Diploma/Degree in Computer Science in exercise of powers conferred upon him by subsection(3) of section 14 of the Visva-Bharati Act, 1951. According to him a Court sitting in writ jurisdiction cannot examine the nexus or necessity of having Certificate/Diploma/Degree in Computer Science with the said post. IT is further submitted by him that the said post was not covered under the provisions of statute 20(G) of the statutes of the respondent University and there was no bar and or impediment for statute a selection committed without external expert.