JUDGMENT :

Lapita Banerji, J.:

The appeal and the application arises out of an Order dated August 8, 2018, whereby, the Hon’ble Single Bench rejected the writ petitioner’s/appellant’s prayer of allowing him to join the respondent No.2/The University of Calcutta (for short “the University”) as the Deputy Registrar (BCW). The writ petitioner challenged the Order dated February 13, 2018, communicated vide Memo No.LO/DR/178/6260/2018 dated May 10, 2018 (for short, “the impugned Memo”), whereby, the service of the petitioner being a “probationer” was terminated on the ground of “suitability”. It was held by the impugned Memo dated February 13, 2018 that since the writ petitioner did not possess requisite experience, he was not a suitable candidate.

2. The admitted facts of the case are that pursuant to an advertisement published on the website vide advertisement No. EST/568/39A dated December 1, 2016, the writ petitioner applied for the post of Deputy Registrar at the University at Calcutta. The essential eligibility criteria for the post of Deputy Registrar (BWC) were as follows:

(i) Uniformally good academic record with a Master’s Degree with minimum 55% marks or its equivalent grade in the point scale wherever a grading system is followed.

(ii) At least 10 years of experience as Lecturer/Assistant Professor in the AGP of Rs.6,000/- and above with experience in educational administration in Academic Institutions like University. Research Establishment and/or in the institute of higher learning of which 5 (five) years must be in a University or in an Institute of Post Graduate Study.

OR

Comparable experience in Research Establishments and other institutions of higher learning;

OR

10 (ten) years” administrative experience, of which 5 years shall be as Assistant Registrar or equivalent post.

However, the said criteria could be relaxed in cases of exceptionally qualified candidates.

3. Prior to that, the writ petitioner worked as a Junior Assistant at Rabindra Bharati University (for short “RBU”) on and from November 1, 2001 and as a Senior Assistant at the same University from November 15, 2010. In 2015, the writ petitioner was appointed as the Assistant Registrar of Uttar Banga Krishi Viswavidyalaya (for short, “UBKV”). He joined the post of Assistant Registrar at UBKV on December 10, 2015. A lien was granted by the RBU to his post of Senior Assistant for a period of 2 years on December 10, 2015, on leave without pay basis.

4. The writ petitioner possessed Post-Graduate Degrees including M.A. in English, M.B.A. and was a Research Fellow at RBU. He also had 15 years of work experience in administrative work at 2 different Universities at the time of his application (Supra). After completion of the stipulated selection process, the petitioner received his letter of appointment dated September 1, 2017 from the Registrar/respondent No.6 vide letter No.EST/1610/33(2)A. The writ petitioner was asked to join the services within 30 days from the date of issuance of the appointment letter. The clear pre-requisite to joining the post of Deputy Registrar was submission of a release order from his erstwhile employer. An application was made by writ petitioner for resignation from his post of Assistant Registrar at UBKV on September 6, 2017. The writ petitioner was released from his post at UBKV on September 6, 2017 with effect from September 11, 2017. The writ petitioner was to be placed on probation for 1 year from his date of joining by the appointment letter (Supra). On his part the writ petitioner tried to join the University on September 12, 13, 15, 2017 but he was not allowed to do so.

5. By a letter dated September 20, 2017, issued by the respondent No.6 to the writ petitioner, the University proposed to withdraw the letter of appointment and keep the appointment of the writ petitioner in abeyance. A show-cause was called for within 7 working d