( 1 ) IN this writ application, a resolution taken by the Executive Council of the Rabindra Bharati University, on 16 July, 2001, is under challenge. By the said resolution the said Executive Council rejected the application of the petitioner for re-employment. The petitioner herein, Dr. Nirmal Kumar Das, made an application under the provisions of Rule 159 of the First Statute (supplements) under the Rabindra Bharati University Act, 1981 (hereinafter referred to as 'the said Rule 159') for the said re-employment. Under the said provisions if any teacher wishes extension of his service after the completion of his full term of employment, then the said teacher is entitled to make an application before the concerned authority for extension or re-employment and on the basis of the said application the authority concerned decides as to whether the teacher in question should be re-emplyed. The provisions of the said Rule 159 for re-employment would be dealt with a little later in this judgment. To my mind, the interpretation of the provisions of the said Rule 159 is one of the fundamental aspect of this case.

( 2 ) SINCE the petitioner has questioned the legal validity of