Shivakant Prasad, J. - (1.) The writ petitioner holding an equivalent post of Assistant Registrar in Viswa Bharati University since 1st November, 1998 applied for the post of Deputy Registrar on 12.7.2004 pursuant to an advertisement dated 13th June, 2004 published on behalf of the respondent No. 1/Viswa Bharati University in daily newspaper "The Statesman" for a number of posts including the post of Deputy Registrar, being two in number which clearly stipulated that the eligibility criteria for the said post of Deputy Registrar was a post -graduate degree with 55% marks and either a five years experience as a lecturer in a college with experience in educational -administrative or comparable experience in research establishment and/or institution of higher education, or five years administrative experience as Assistant Registrar or an equivalent post in the scale of pay of Rs. 8000 -275 -13500/ -. The said advertisement also stated that age of the applicants for the designated posts should be "ordinarily" below 40 years and that condition was not applicable for those applying for promotion from within the University system and was not a condition precedent for purposes of the application in any case. It is contended that the said advertisement was in pursuance of a notification issued by the University Grants Commission dated 24th December, 1998 which generally allowed the provision of relaxation of the above mentioned conditions only with prior approval of the University Grants Commission and that the minimum academic requirement of 55 % marks at the master's level should not be insisted upon for those holding the post of Deputy Registrar amongst others, being existing incumbents who are already in the University system.
(2.) It is further contended on behalf of the petitioner that the respondents have appointed Sri Prasanta Chowdhury who ranked first in one of the position of Deputy Registrar who was to retire in the year 2007 whereas the petitioner had ranked second in the application process.
(3.) According to the petitioner, instead of appointing him, the respondents' authority placed Sri Prasanta Chowdhury additional charge of the second post of Deputy Registrar in addition to his own duty as Deputy Registrar by office orders dated 28th February, 2005 and 10th April, 2005.;