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T. S. SIVAGNANAM, AJAY KUMAR GUPTA
Shanta Paul – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
T.S. Sivagnanam, J.
1. This writ petition filed as a public interest litigation seeks for a declaration to declare the appointment of the 6th respondent, the Registrar of Kazi Nazrul University as non-est/nullity, as it is based on erroneous advertisement which is not in conformity with the University Grants Commission Regulations, 2018 in short (UGC Regulations). The petitioner also prays for issuance of a writ of quo warranto to call upon the 6th respondent to show cause as to why he should not be ousted from the public office on declaring his appointment dated 01.02.2023 as Registrar of the said university being illegal.
2. Mr. Chakraborty, learned Advocate appearing for the petitioner submitted that the appointment of the 6th respondent as the Registrar of the University is illegal as it is based on false details of employment experience furnished by the 6th respondent; the employment advertisement issued by the university is not in conformity with the UGC Regulations; and erroneous advertisement would not create a right in favour of an applicant who acts on such representation; the AICTE Regulations, 2010 and the earlier clarification issued in 2003 is binding upon pri
The principles of res judicata apply to public interest litigation, and a second writ petition challenging the same appointment on similar grounds is not maintainable.
The court ruled that the appointment of the Registrar was valid as it followed the proper selection process, and the petitioner lacked locus standi and delayed in filing the writ petition.
with the passage of time, continuance of petitioners on the posts to which they were appointed on adhoc basis, has given rise to a legitimate expectation for consideration of their cases for regulari....
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 ....
Point of law: A criterion which has the effect of denying a candidate his right to be considered for the post on the principle that he is having higher qualification than prescribed cannot be rationa....
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