JUDGMENT :

SUNEET KUMAR, J.

1. Affidavit of service has been filed. Despite notice, no one has put in appearance on behalf of the seventh respondent nor any counter affidavit has been filed.

2. Heard learned counsel for the petitioner and learned standing counsel for the State-respondents.

3. The instant petition is directed against the order dated 28 October 2020, passed by the third respondent, Principal Secretary, Department of Medical Health and Family Welfare, Government of U.P. at Lucknow, appointing the seventh respondent as Director of Institute of Mental Health and Hospital, Agar [Mental Health Institute].

4. The short question arises for determination in the instant petition is as to whether the seventh respondent possesses the requisite qualification for being appointed Director of Mental Health Institute.

5. It is not in dispute that the Government is the appointing authority of the Director and the Rules and Regulations framed by the State Government is applicable to the appointment made in the Mental Health Institute, including, for the post of Director. The State Gov