Hon’ble B. Amit Sthalekar, J.—In this writ petition the petitioner No. 1 is a Society stated to be a Non-Governmental OrganZation (N.G.O.) involved in various kinds of activities in public interest. The petitioner No. 2 is one Manish Kumar Agarwal, who is stated to have been duly authorised by the governing body of the Society vide its Resolution dated 19.4.2018 (Annexure-3 to the writ petition) to contest this writ petition. The writ petition has been filed seeking the following reliefs:

“(a) issue a, writ order or direction in the nature of mandamus commanding and directing the respondents to produce entire records pertaining to the selection of Principals of State Medical College pursuant to the advertisement No. 1/2017-18 dated 24.10.2017 as well as the service records of the respondent No. s.4 & 5;

(b) issue a, writ order or direction in the nature of quo warranto to declare the selection of respondent No. 4 on the post of Principal of State Medical College pursuant to the advertisement No. 1/2017-18 dated 24.10.2017 as invalid and void;

(c) issue a, writ order or direction in the nature of quo warranto to declare the selection and appointment of respondent No. 5 on the post of Principal of State Medical College, Jalaun pursuant to the advertisement No. 1/2017-18 dated 24.10.2017 as invalid and void;

(d) issue such other and further appropriate writ, order or direction which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case;

(e) to award the cost of petition in favour of the petitioners.”

2. According to the petitioners an advertisement was issued by the Uttar Pradesh Public Service Commission being Advertisement No. 1/2017-18 dated 24.10.2017 for filling up four posts of Principal (Allopathy) under the Medical Education Department, U.P. (Allopathy).

3. The grievance of the petitioners is that in the Advertisement the upper age limit for submitting application form has been fixed as 65 years (till retirement). The posts are in the Pay Scale of Rs. 37400-67000/- in the Grade Pay of Rs. 10,000/-. The Essential Qualification in the Advertisement is as under:

(i) M.D/M.S. Or an equivalent qualification recognised by Medical Council of India.

(ii) Atleast 10 years Teaching experience as Professor/Associate Professor/Reader in a recognZed Medical College/Institution out of which atleast five years should be as professor in a department.

Preferential Qualification

Preference for these appointments may be given to the heads of the department in a Medical College or as head in any Medical Institution.

Age Limit required was-Upper age limit 65 years (till retirement).

There is also a Note which states that Essential qualification is required to be recognised by M.C.I. otherwise candidature will not be considered.

4. The contention of the petitioners is that Rule-9 of the Uttar Pradesh State Medical Colleges Teachers’ Service Rules, 1990 (hereinafter referred to as the Rules, 1990) (as amended in 2005) prescribes that a candidate for direct recruitment for the post of Principal must not have attained the age of 55 years on the first day of July of the calendar year in which the vacancies are advertised. It is stated that contrary to the provisions of Rule 9 of the Rules, 1990 in the advertisement the maximum age has been fixed as 65 years and it is alleged that this has been done only to give undue benefits to the respondents No. 4 & 5.

5. Rule 9 of the Rules, 1990 read as under:

“9. Age—a candidate for direct recruitment must have attained the minimum age and must not have attained the age more than the maximum age specified against the post in the table given below on the first day of July of the calendar year in which vacancies are advertised:

S. No.	Name of the Post	Minimum Age	Maximum Age
1	Principal	—	55 years
2	Professor	—	45 years
3	Lectur