A writ of quo warranto can only be issued when the holder of a public office has been appointed in violation of constitutional or statutory provisions.

1. THIS writ application is filed by the petitioner for issuing a writ in the nature of Quo Warrnto against the respondent no.7 for quashing her appointment to the post of Principal(Adhyaksha), Patha Bhavana, Visva-Bharati University.

2. THE facts of this case in a nut shell are as follows:- THE Visva-Bharati University is an University constituted under the Visva Bharati Act, 1951 (hereinafter referred to as the said Act). By an advertisement no.01/2005, applications were invited by the respondent university from the prospective candidates for appointment to several posts under the respondent university including the post of Principal(Adhyaksha) of Patha Bhavan, Visva- Bharati. THE essential qualifications required for the aforesaid post of Principal(Adhyaksha), Patha Bhavan were as follows:-

"Essential Qualifiction for the post of Principal, Patha-Bhavana Sl. No.28 Post graduate Degree with at least 50% marks at the Honours and P.G. Level with B. Ed or equivalent. 10 years administrative and/or Teaching experience in Secondary/Higher Secondary Schools. Desirable Qualification For Sl no.28 Knowledge on the life and work of Rabindranath Tagore. THE candidates should have the ability in written and spoken English as he has to play a Key role in Visva-Bharati Administration and in disseminating Tagore's Philosophy of education. THE candidate should be well versed in educational innovation, design of new courses and curricula. Experience in working in a residential School."

In response to the above advertisement prospective candidates including the petitioner as also the respondent no.7 filed their applications in prescribed forms.

3. AMONGST other qualifications the petitioner possessed teaching experience in several Secondary and Higher Secondary Schools since 1987 including the experience of discharging functions as Headmaster of Kankutia Santidhar Ghosh Junior High School from June 26, 2003 to September 29, 2003. At the time of submitting applications form, the petitioner was working for gain as Assistant Teacher of Sri Sri Sarada Vidyapith, Dubrajpur, District Birbhum.

4. THE respondent no.7 possessed, amongst other qualifications, teaching experience in Patha Bhavan, Dankuni, Montessori and Primary, Dankuni Coal Complex Township, District Hooghly from August 1, 1992 and as Teacher in- charge of the Secondary Department Patha Bhavan, Dankuni Coal Complex Township, District Hooghly from December 7, 1999. THE respondent no.7 was appointed as Head Mistress of Patha Bhavan, Dankuni Coal Complex Township, District Hooghly with effect from July 1, 2000. According to the petitioner, 13 short-listed applicants including the petitioner and the respondent no.7 were interviewed by the selection committee of the respondent university on June 29, 2005. The selection committee recommended the name of the respondent no.7 for the post of Principal Patha Bhavan, Visva Bharati.

5. IT is submitted by Mr. Arunava Ghosh, learned advocate appearing for the petitioner that Principal (Adhyaksha), Patha Bhavan under the respondent university should be appointed by Karmasamati(executive council) on recommendation of a selection committee and he should be a whole times salaried officer of the university in accordance with the provisions of sub- clause(1) of Clause 6B of the statutes of the respondent university. So the post under reference was a statutory post. According to him, the office under reference was created by a statute and as a result, of which writ in the nature of Quo Warranto would lie. According to him the essential qualification required for the post under reference included 10 years' administrative and/or teaching experience in Secondary/Higher Secondary Schools. Admittedly, the respondent no.7 had been working in the secondary department of Patha Bhavan, Dankuni, Dankuni Coal Complex Township, district Hooghly from 1999 till consideration of her candidature for the post under reference. The above school got first recognition as