Hon’ble Sudhir Agarwal, J.—Heard Sri Alok Kumar Yadav, Advocate for petitioner, Sri M.N. Singh for the Commission and learned Standing Counsel for respondents.

2. Petitioner claiming to be a candidate for recruitment to the post of Principal, Government Homeopathy Medical College, has assailed Advertisement No. 1/2013-14 dated 24.8.2013 in so far as one post is reserved for women and one of the eligibility condition that the incumbent must have experience of having worked in a institution on a full time salaried post. Petitioner has further sought a mandamus commanding respondents to make appointment on two posts of Principal of Government Homeopathy Medical College treating the same as unreserved and also by taking into account experience earned by candidate working on honorary basis or part time.

3. Facts, in brief, giving rise to present dispute are stated as under.

4. In the State of U.P., there were 9 Homeopathy Medical Colleges, run privately. Same were taken over by U.P. Government by enacting U.P. Homeopathy Medical College (Acquisition & Miscellaneous Provisions) Act, 1985 (hereinafter referred to as the “Act, 1985”). The aforesaid Medical Colleges are now State Medical Colleges run by State Government. There was already one Homeopathy Medical College run by State Government and therefore after acquisition, total Homeopathy Medical Colleges run by State Government came to 10. Subsequently 3 were closed hence at the time of filing writ petition there were only 7 Homeopathy Medical Colleges run and maintained by State Government.

5. Recruitment and conditions of service of Teachers in State Homeopathy Medical Colleges (hereinafter referred to as SHMC) are governed by the Rules framed under proviso to Article 309 of Constitution of India titled as “Uttar Pradesh State Homeopathy Medical College Teachers’ Service Rules, 1990" (hereinafter referred to as “Rules 1990”).

6. The post of Principals are to be filled in by direct recruitment through U.P. Public Service Commission (hereinafter referred to as “Commission”) as provided in Rule 5(a) of Rules, 1990. The essential qualifications and preferential qualification for the post of Principal as provided in Rule 8 read with Appendix-B of Rules, 1990 are as under:

S. No.	Name of Post	Educational Qualification	Preferential Qualification
1.	Principal	(A) (i) A recognized diploma or a degree in Homeopathy.	(A) Having both a recognized diploma or a degree in Homeopathy and any qualification included in the III Schedule of the Homeopathy Central Council Act, 1973.
		(ii) A qualification included in the III Schedule of the Hemeopathy Central Council Act, 1973.
		(B) Ten years' teaching experience with five years’ administrative experience in a recognized Homeopathic College or Hospital.	(B) Research experience in Homeopathy in an institution recognized by Central Council for Research in Indian Medicine and Homeopathy of the Central Government or a State Government.

7. Rules, 1990 nowhere contemplates any honorary, contractual or temporary appointment. However, considering the facts that there was deficiency of teachers in SHMC, Government issued a Government Order (hereinafter referred to as “G.O.”) dated 4.7.1998 permitting Director, Homeopathy, U.P., Lucknow to engage a Guest Faculties. The terms and conditions for engaging Guest Faculties provided in para-2 of the G.O. dated 4.7.1998 read as under:

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