( 1 ) BY way of this petition the petitioner seeks for issuance of a writ order or direction in the nature of Mandamus commanding the opposite parties to hold the Selection Committee and appoint a head of Department of Gastro Enterology ( Surgical) within a stipulated period and in accordance with the provisions of Section 22 (5) of the Sanjay Gandhi Postgraduate Institute of Medical sciences Act 1983 ( hereinafter referred to as SGPGIMS Act ).

( 2 ) THE petitioner Prof. Rajan Saxena has filed this writ petition with the allegations that he was appointed as Professor of Gastro enterology (Surgical) by the President of the SGPGIMS on 10. 2. 2000 and yet another candidate Dr. V. K. Kapoor was similarly appointed as Professor in the said Institute. Under Section 22 (5) of the sgpgims Act, Head of the Department has to be appointed and for that purpose a Selection Committee will have to be constituted. It is said that two posts of Professors, Gastro Enterology are of equal grade and rank but inspite of it the Director, SGPGIMS on 11. 2. 2000 issued an office order to the effect that other Professor being the senior Professor shall continue to discharge the duties of Head