JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Sri Amit Bose, learned Senior Advocate assisted by Dr. V.K. Singh, Advocate for the petitioner and Sri Anil Tiwari, learned Senior Advocate assisted by Sri Amit Dwivedi, Sri Abhinav N. Trivedi and Sri Prashant Puri, Advocates for the opposite parties.

2. By means of this petition the petitioner has prayed that a writ in the nature of quo-warranto be issued directing the opposite party no. 3 to show the authority of law under which he occupied the post of Associate Professor and Professor in the King George's Medical University, Lucknow (hereinafter referred to as KGMU in short) thereby declaring his appointment on the post of Associate Professor and Professor to be illegal and void abinitio. The petitioner has also prayed that a writ in the nature of mandamus be issued restraining the opposite party nos. 1 and 2 from allowing the opposite party no. 3 to occupy the post of Associate Professor and Professor in KGMU and also restraining the opposite parties no. 1 and 2 from conferring any financial or other advantage to the opposite party no. 3 on the basis of his promotion as Associate Professor and Professor.

3. Since the learned counsel for the opposite party nos. 1 and 2 have filed counter affidavit raising objection regarding maintainability of the writ petition, therefore, such preliminary objections are being dealt first before adverting to the merits of the issue.

4. Brief facts, for the purposes of deciding the issue of maintainability of the writ petition are that the KGMU was constituted in the year 2002, then known as Chhatrapati Sahuji Mahraj Medical University, Lucknow before it became University in the year 2002, the said institution was affiliated college of the University of Lucknow and was governed by the U.P. State Universities Act, 1973 and the First Statute of the University at Lucknow, 1976 and the Rules and Regulations framed therein by the State Government from time to time. The Chhatrapati Sahuji Mahraj Medical University First Statute, 2001 was notified in June, 2011 (hereinafter referred to as First Statute in short).

5. It is undisputed fact that opposite party no. 3 i.e. Dr. Madan Lal Brahm Bhatt is presently discharging duties and responsibility for the post of Vice Chancellor, KGMU.

6. The bare perusal of the averments of writ petition, grounds of writ petition and the prayers of writ petition makes it abundantly clear that the petitioner has not challenged the present posting of the opposite party no. 3 as no prayer of quo-warranto to that effect has been made in the writ petition. It has also been informed by the learned counsel for the KGMU that the opposite party no. 3 was appointed on the post of Vice Chancellor in the month of April, 2017 for three years. The said period would be expiring in the month of April, 2020. There is no challenge of the present posting to the opposite party no. 3 in the writ petition and admittedly the petitioner has sought issuance of writ in the nature of quo warranto against opposite party no. 3 to show the authority of law under which he had occupied the post of Associate Professor and Professor in the KGMU. There is no dispute on the point that any person may be appointed as Vice Chancellor who is eminent person of the country or abroad having sufficient administrative experience, meaning thereby it is not the case of the petitioner that because of being a Professor of KGMU he has been appointed on the post of Vice Chancellor. As a matter of fact there is no nexus of two posts / post i.e. Professor and Vice Chancellor. As per the petitioner himself the petitioner became Assistant Professor on 27.4.2002, Associate Professor on 2.12.2003 and Professor on 8.12.2004. However, he became Vice Chancellor in the month of March, 2017.

7. The obvious question cropped up in the mind of the Court as to why no challenge was made in the year 2003 when the opposite party no. 3 became Associate Professor and in the year 2004 when he became Pr