JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the judgment rendered by the Division Bench of the Calcutta High Court holding that the appellants appointment as the Head of the Department was not legal and further that the appellant was required to satisfy the authority that he possessed the requisite qualification to be entitled to continue in the post of Professor on a regular basis.

3. Background facts in a nutshell are as follows:

Respondent No.1-Sudip Charan Chakraborty filed an Original Application before the West Bengal Administrative Tribunal (hereinafter referred to as the Tribunal). Essentially, two challenges were made before the Tribunal by him. He prayed for appointment to the post of Professor and to set aside the appointment of Dr. Dilip Karmakar (who was respondent No.9 before the Tribunal). By its judgment and order dated 18.12.2001 the Tribunal partly allowed the application setting aside the appointment of aforesaid Dr. Dilip Karmakar, but found that the prayer of the applicant i.e. respondent No.1 before it in this appeal for appointment to the post of Professor is not tenable.

4. A Writ Petition (W.P.S.T.No.675 of 2002) was filed