Court can refuse to issue writ of quo warranto.

P.S. Mishra, J.

1. The writ petitioner had approached this Court asking for a writ of quo warranto and failed. His attempt to get the order rejecting his prayer for a writ reviewed also failed. He filed another writ petition with prayer for a writ of certiorari and consequential mandamus and succeeded. The instant appeals have been preferred against the judgment and order of Mohan, J. (as he then was) in the second writ petition.

2. Several posts under the Tamil Nadu Agricultural University/second respondent/appellant in W.A. No. 949 of 1986 were advertised on 8.2.1984 calling for applications from eligible candidates for various posts including the post of Professor and Associate Professor in various faculties. Under Service Regulations framed under the Tamil Nadu Agricultural University Act, by which the University has been created, conditions of service of teachers appointed under it, including the qualifications, etc., and various modes of appointments, are prescribed. For the post of Associate Professor with which we are concerned, the minimum qualifications required are:

(a) A first or high second class degree in the "subject pertaining to the Faculty.

(b) A Ph.D. Degree in the concerned filed of specialization.

(c) Teaching and/or research experience in any College for at least five years.

(d) Experience in research in the concerned field of specialization as evidenced by published papers in scientific journals and books.

(e) A Master's degree holder in the concerned field with not less than five years teaching and/or research experience may also apply.

It appears, however, that the University Grants Commission suggested scales of pay to teaching/research staff and accordingly made recommendations subject to various conditions. The State Government accordingly issued orders by G.O.Ms. No. 1950, Agriculture (A.U.I.) Department, dated 30.11.1977 stating that the eligibility for the revised scales of pay would be subject to the various conditions specified in the Order. There were, however, protests and on representations of the Government College teachers and others, the State Government came out with a modification by G.O.Ms. No. 841, Agriculture (A.U.I) Department, dated 15.5.1978. Under this G.O., it was said:

5. The existing qualification to the various posts under the Tamil Nadu Agricultural University Grants Commission should be followed without any deviation.

There were protests again particularly to the insistence to implement the conditions as to qualifications for the various posts in the University as prescribed by the University Grants Commission. The State Government issued a fresh G.O. vide G.O.Ms. No. 62, Agriculture Department, dated 10.1.1979, stating:

5. The Government have examined the representations in the light of the orders issued under Government Orders read above and consider that the following revised qualifications may be prescribed for the posts mentioned hereunder:

Name of the post Qualification (in respect of all faculties other than Agricultural Engineering

(b) Associate Professor Ph.D. Degree with five years of experience in teaching/research in the subjects concerned

(c) Assistant Professor a) Ph.D. Degree or

b) Master's Degree with three years experience.

6. The Government also consider that teachers now in service aged 50 years and above on the date of issue of this order will be exempted from acquiring Ph.D., Degree. Others should acquire Ph.D., qualification within five years from the date of issue of this order. During the interim period of five years, if any higher posts are advertised for recruitment, the existing regular candidates of the University may apply for such posts irrespective of their qualifications but selections will be made after taking into account their experience and competence.

7. The Government have also examined about the provision of facilities for acquiring Ph.D., Degree and they consider that where facilities are not available either within the University or outside t