The office of Deputy Registrar of RCC Institute of Information Technology is not a public office and therefore, a writ of quo warranto cannot be issued to remove the private respondent from the post of Deputy Registrar.

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. WPA 547 of 2020 (hereinafter referred to as “WP-1”) has been filed by a Staff Association praying for issuance of a writ of quo warranto directing the private respondent namely Sandip Saha to vacate the post of Deputy Registrar at RCC institute of Information Technology (hereinafter referred to as “the Institute”).

2. WPA 4925 of 2021 (hereinafter referred to as “WP-2”) has been filed praying for issuance of a writ of mandamus commanding the respondents to initiate a fresh selection process for the post of Registrar at the Institute after cancelling the impugned advertisements for the said post.

3. The petitioner in WP-2, while working as an Assistant Professor of an Engineering College submitted an application seeking appointment to the post of Registrar at the said Institute pursuant to an advertisement published in the website of the Institute. The petitioner received a call letter for appearing in the interview for the post of Registrar. Petitioner claims to have learnt that the selection/ interview would be an eye wash and the entire exercise was intended to give appointment to Sandip Saha, the private respondent, who, according to the petitioner is an influential non-teaching employee of the Institute. In the initial advertisement, it was stipulated that the maximum age for the post of Registrar would be as per Government Rules. However, in the corrigendum issued subsequently, it was stated that the age of the intending candidates should not be more than 40 years as on 01.11.2020 relaxable for specially qualified and experienced candidates.

4. The case of the petitioner in WP-1 is that the Institute is an authority within the meaning of Article 12 of the Constitution and the office of the Registrar is a public office. The petitioner claims that Sandip Saha, the private respondent was initially appointed as an Office Assistant purely on contractual basis with a consolidated pay. Subsequently he was appointed as Assistant Programmer on contractual basis. Thereafter, the private respondent was appointed as Junior Administrative Officer on 01.08.2008. The private respondent was appointed as Deputy Registrar sometimes in October, 2015 without any advertisement being issued therefor. On or about 30.10.2019 the then Registrar of the Institute tendered his resignation and the private respondent was given the additional charge of the post of Registrar with effect from 01.11.20119. The petitioner claims to have come to know for the first time after the Government issued the order dated 24.12.2019 wherein the name of the private respondent was included as a member of the Board of Management of the society in the capacity of Deputy Registrar of the Institute. The petitioner claims that the private respondent was not eligible for the post of Deputy Registrar or even the post of Junior Administrative Officer and the private respondent should be reverted to the post of Assistant Programmer.

5. The Institute contested the aforesaid writ petitions by filing Affidavits-in-Opposition. The case of the Institute is that it is a self financing Engineering College established under a registered society namely RCCIT. As per the guidelines of AICTE, the governing body of the Institute is constituted by the Board of Management comprising members including those nominated by the State Government, affiliating university and the AICTE. The entire remuneration of the staff of the Institute and other recurring expenditure is paid from the funds of the Institute and the State Government does not exercise deep and all pervasive control over the administrative, financial and functional aspects of the Institute. It was specifically stated that the post of Registrar is administrative in nature and as such no writ of quo warranto can thus lie. It was specifically denied that the office of Registrar is a public office. It was stated that the Institute has the authority to create posts and duly appoint candidates for such po