Valmiki J. Mehta, J.

1. This writ petition is filed by two petitioners. Petitioner No.1 is Hamdard University Teacher’s Association (HUTA). Petitioner No.2 is Dr. Mahmooduzzafar. By the writ petition, a challenge is laid to the continuation of the respondent No.5 as the Vice Chancellor of the respondent No.6-University till the age of 70 years. I am not reproducing all the prayer clauses inasmuch as the basic contention is that the respondent No.5 should not be allowed to continue till the age of 70 years or contractual period ending in October, 2013 since his tenure completes at the age of 65 years (having crossed the same) and the amendment which has been carried out in the rules and regulations of the respondent No.3-University to increase the retirement age of a Vice Chancellor to 70 years is illegal for the reasons which I will set out subsequently. In order to clarify the factual aspects, further so far as the contention of illegal continuation of the respondent No.5 is concerned, I may state that the appointment letter dated 22.9.2008 appointed respondent No.5 for five years or till the age of 65 years whichever is earlier and in the present case the respondent No