T.K. Basu, J. - (1.) The petitioner was appointed as a Lecturer in Commerce in the University of Kalyani (hereinafter referred to as the University) on the 5th January, 1978 on the recommendation of a Selection Committee. According to the petitioner, for the academic session 1977-78 when the Department of Commerce was started as a new one, he was the only teacher in that Department. At the time when the petitioner joined, there was no Head of the Department of Commerce till after about nine months from the date of his joining. The respondent No. 6 who was the Chairman of the Faculty was acting as the Head of the Department of Commerce along with the Department of Economics and Political Science under orders of the Vice Chancellor of the University in that behalf.
(2.) On the 11th April 1978 an advertisement dated 6th April, 1978 issued by the Registrar of the University appeared in the Calcutta edition of the Statesman. The relevant portion of the advertisement may be set out below. "University of Kalyani Advt. No. 4/78. Applications in prescribed forms are invited for the posts of Professors, Readers and Lecturers for the following departments in the pay scale of Rs. 1200-50-1, 300 60 1, 900 (for Readers)............ plus admissible allowances............. 9. Department of Commerce : One Reader: (Specialisation-Preferably Industrial/Farm Management) Qualifications (for all posts): (a) Consistently good academic record with 1st or high 2nd class (B +) Master's Degree following a good Honours Degree in the relevant subject. (b) A doctoral degree or published work of equivalent standard............. Qualifications, experience and age may be relaxed in cases of the candidates of outstanding merit at the discretion of the Selection Committee. A higher initial pay in the scale may be granted on the basis of qualifications, experience and present emoluments."
(3.) According to the petitioner, he has had teaching experience of about 19 years in under graduate Honours and Post graduate Honours and publication in different journals in India to his credit as also a Ph.D. degree in Economics and was thus duly qualified for the above post of a Reader in Commerce.;