ARINDAM SINHA,J. - (1.) Petitioner has prayed for issuance of writs of Quo Warranto, Certiorari and Mandamus.
(2.) Mr. Chatterjee, learned advocate appears on behalf of petitioner who is relator. He refers to advertisement dated 4th September, 2013 in which under essential qualifications, inter alia, following was required for appointment as Comptroller in Bidhan Chandra Krishi Viswavidyalaya. iv) At least 10 years experience in a Government Office or in a University or in an Institute of Higher learning in a high administrative post involving supervision, control, planning and audit; He submits, there can be no dispute that private respondent does not possess this qualification. Qualifications possessed have been stated in paragraph 6 of the writ petition. He relies on sub-section (1) in section 24 of Bidhan Chandra Krishi Viswavidyalaya Act, 1974, which is set out below:- "24. The Comptroller.- (1) The Comptroller shall be a whole-time officer of the University and shall be appointed by the Vice-Chancellor subject to the approval of the (Executive Council) and the Chancellor."
(3.) He submits, no approval of appointment was given by Executive Council. According to him, there is sufficient information regarding lack of essential qualification and statutory violation in matter of appointment of private respondent for Court to issue a writ of Quo Warranto. He relies on decision of Supreme Court in N. Kannadasan v. Ajoy Khose and Ors. reported in (2009) 7 SCC 1 , to paragraphs 109 and 131 to 135.;