JUDGMENT :

Abdul Moin, J.

1. Heard Sri. I.P. Singh, Senior Advocate, assisted by Sri. Kaushlendra Tewari, learned counsel for the petitioner, learned Standing Counsel for State-respondents, Sri. Sanjay Bhasin, Senior Advocate, assisted by Sri. Kshitij Misra, learned counsel appearing for respondent no. 2 and Sri. Gyanendra Srivastava, learned counsel appearing for respondent no. 4.

2. Present petition has been filed by the petitioner praying for a writ in the nature of quo-warranto thereby ousting respondent no. 3-Amit Agarwal from the post of Chief Medical Superintendent, Sanjay Gandhi Post-Graduate Institute of Medical Sciences, Raebareli Road, Lucknow.

3. The writ petition has been filed with the allegation that respondent no. 3 has usurped the Public Office of Chief Medical Superintendent and is not qualified to hold the said post.

4. Sri Sanjay Bhasin, learned Senior Advocate, has raised a preliminary objection regarding maintainability of the writ petition by placing reliance on the Sanjay Gandhi Post-Graduate Institute of Medical Sciences, First Regulation, 2011 (hereinafter referred to as the ‘2011 Regulations’) to contend that the post of Chief Medical Superintendent in Sanjay