D.G.R. Patnaik, J.

1. The petitioner in this writ application prays for quashing the order 2612 dated 30.8.2006 issued by the respondent No. 5 whereby the petitioner has been directed to superannuate from the post of Registrar on 31.8.2006 on his attaining the age of 60 years.

2. The facts of the case stated precisely are as follows:

3. The petitioner was appointed as Assistant professor cum Junior Scientist in the department of Soil, Science and Agriculture Chemistry and accordingly he joined the post on 6.8.1973 in the Birsa Rajendra Agriculture University. He was promoted to the post of Associate professor cum Senior Scientist on 6.8.1986 and subsequently he was promoted to the post of University Professor on 6.8.1994 and was discharging his duties accordingly. In the years 2005 an advertisement was issued by the respondent University vide advertisement No. 1 of 2005 inviting applications for the post of Registrar. The petitioner submitted his candidature and on being found eligible, he was selected and appointed on 11.11.2005 and since then he is working as Registrar of the University.

4. The State Government vide notification No. 115 dated 30.7.2005 issued by the respondent No. 2, Introduced an amendment in Rule 13.3(2) in the Birsa Agriculture University Statute to the effect that each University Employee of the Birsa Agriculture University, Ranchi shall retire on superannuation on attaining the age of 60 years except the teachers/scientists who are in UGC/ICAR pay scale, who will retire on superannuation at the age of 62 years and thereafter no further extension in service will be given to any employee/teacher/scientist.

5. The petitioner claims that though he is working in the post of Registrar, he is also a teacher within the meaning of the term as stated in the Statute and therefore he was entitled to the benefit of age of superannuation on attaining the age of 62 years. Yet, by the impugned office order No. F4-103/81/BAU/VC/3612 dated 30.8.2006 issued under the signature of respondent No. 5 by order of respondent No. 4, the petitioner was directed to superannuation from 31.8.2006 on his attaining the age of 60 years. The petitioner has challenged the impugned order as being illegal and arbitrary.

6. Mr. Ajay Kumar Mishra, learned Counsel for the petitioner, has advanced the following grounds in support of the contention of the petitioner.

(A) Birsa Agriculture University has adopted the Bihar Agriculture Universities Act, 1987. Section 2(xxviii) defines "teacher" and provides that "teacher" means a person appointed or recognized by a University for the purpose of imparting instruction or conducting and guiding research or extension education and includes a person who may be declared by the Statutes to be a teacher.

(B) Section 24(s) of the Act provides that the Registrar is the Secretary of the Board of Management and ex-officio, Secretary of the Academic Council and in such capacity, he needs to perform the following functions:

(i) He shall place before them such information as may be necessary for transaction of business;

(ii) He shall be responsible for due custody of the common seal of the University;

(iii) He shall keep permanent record of all courses, curricula and other information as deemed necessary;

(iv) He shall be responsible for maintaining permanent records of the academic performance of students of a University including courses taken, credits obtained, decrees awarded, prizes or other items pertaining to the other performance of the students;

(v) He shall preform such other duties as may be prescribed or required from time to time or as may be assigned by the Board of Management or the Vice Chancellor.

Under Rule 3.2.1 of the Statute, in addition to the duties specified in Section 24(5) of the Act, the Registrar is also enjoined with additional duties and functions which includes: (i) preparation of annual report of the University for approval of the Vice-Chancellor and the Senate,

(ii) he s