PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of an Ex Guest Lecturer and is filed for issuance of a writ in the nature of mandamus commanding the respondents to cancel the order dated January 4, 2013 issued by the respondent no.5 and to allow the petitioner to continue as Guest Lecturer on a remuneration as per resolution of the respondent no.4 with effect from the date of such resolution and other consequential reliefs.
(2.) THE petitioner has contended that he is an M.A. in Vocal Music from the Rabindra Bharati University, M.A. in Musicology from the Rabindra Bharati University, NET qualified in Music in 2002 and now doing Ph.D under the UGC norms on Musicology over the ages. He had been working as Guest Lecturer in Musicology from 2004 till the recent time when by the letter dated January 4, 2013, the respondent, teacher-in-charge informed the petitioner that he should be restrained from taking assigned classes in the department of Musicology. Being aggrieved by such order this application has been preferred. The respondent university is contesting the said case by filing a proper affidavit-in-opposition denying the material allegations raised in the petition. It is also contended that the writ petitioner filed another writ petition being W.P. No.6885(W) of 2012 as mentioned in Paragraph No.7 & 8 of the present writ petition, praying for writ of mandamus commanding the respondents to rescind and cancel the selection made on March 26, 2012 in the post of Assistant Professor in Musicology in the Rabindra Bharati University and to hold a fresh selection by forming another selection committee in accordance with the regulation framed by the University and other consequential reliefs. Under the circumstances, the present writ petitioner over the selfsame matter is not maintainable. The petitioner is not entitled to get any reliefs as prayed for in the present writ application at all. The selection of Bisakha Goswami for the post of Musicology as contended by the petitioner had been done by following rules of the university and forming a selection committee of the said purpose. The petitioner was getting an honorarium of Rs. 8,000/- as Guest Lecturer and such remuneration was commensurate with the duration volume and the quality of work according to the decision of the Governing Body. The application is totally devoid of any substance and so the application should be dismissed.
(3.) IT is also noted that the petitioner filed a reply denying the contention raised in the affidavit-in-opposition. Now, the question is whether the order dated January 4, 2013 is bad in law and if the respondents are justified by not paying the remuneration to the petitioner.;