Prakash Padia,J. - (1.) Heard counsel for the petitioner and learned Standing Counsel appearing on behalf of respondent no. 2.
(2.) The petitioner has preferred the present writ petition with the following prayers:- "I) issue a writ, order or direction in the nature of certiorari, quashing the order dated 25.1.2020 issued by the Visitor, respondent no. 2 (Annexure : 5 to the writ petition) ; ii) issue a writ, order or direction in the nature of certiorari, quashing the entire proceeding of the Committee which recommended the panel of names to the Visitor for filing up the post of Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow pursuant to the advertisement dated 5.10.2019 (Annexure : 1 to the writ petition) ; iii) issue a writ, order or direction in the nature of mandamus, directing respondents to reconstitute the Committee under section 12 of the Act of 1983, complete the proceeding of recommendation of the panel of names of three persons by the committee and appointment by the Visitor on the post of Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow strictly in accordance with law ; iv) issue such other appropriate writ, order or direction in the nature of writ, which this Hon'ble Court may deem fit and proper in the circumstances of the case to which the petitioner be entitled under law ; and v) award costs to the petitioner."
(3.) Facts in brief as contained in the writ petition are that an advertisement was issued by the Governor of the State inviting applications for appointment of Director, Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow (hereinafter referred to as the SGPGI). The institute in question was constituted under the Sanjay Gandhi Post Graduate Institute Act, 1983 and Rules framed thereunder namely Sanjay Gandhi Post Graduate Institute First Rules, 2011. The petitioner being a fully eligible candidate applied for the post of Director as per the aforesaid advertisement on 15.10.2019. The petitioner is at present working on the post of Vice Chancellor U.P. University of Medical Sciences, Saifai Etawah. The provision for appointment on the post of Director are contained under section 12 of the Act of 1983. The relevant provisions are reproduced below:- "Director 12. (1) There shall be a Director of the Institute who shall be appointed by the Visitor on the recommendation of a committee consisting of the following members, namely :- (a) the President of the Institute; (b) one person who is a Judge of the High Court at Allahabad to be nominated by the Visitor, who shall also be the Convener of the committee. (2) The committee constituting under sub-section (1) shall have as Advisers two medical experts to be nominated by the Visitors; (3) Whenever a vacancy occurs or is likely to occur in the office of Director, the committee constituted in accordance with the provisions of sub-section (1) shall prepare a panel of names of three persons who are in its opinion suitable to hold the said office. (4) The committee shall forward to the Visitor, the panel of names prepared by it, together with a concise statement showing the academic qualifications and other distinctions of each of the persons included in such panel, but shall not indicate any order of preference. (5) That Visitor shall appoint the Director out of the panel of names submitted to him under sub-section (4)." ;