Saurabh Lavania, J. - (1.) Heard Sri Shailendra Misra, learned counsel for the petitioner, learned C.S.C. for the opposite party No. 1 and Sri Abhinav N. Trivedi, learned counsel for the opposite party Nos. 2 and 3. 1.By means of the instant Writ Petition the Petitioner who is working as Professor in the Department of Centre for Advanced Research (Molecular Biology) of King George's Medical University (hereinafter referred to as 'KGMU') has sought a Writ of Quo-warranto against Respondent No.4 Dr Shailendra Saxena working as Professor in the Department of Centre for Advanced Research (Stem Cell/Cell Culture Lab) requiring him to show cause as to under which Authority of Law he is holding the post of Professor. In the present writ petition, following main relief has been sought:- "(i) Issue a writ, order of direction in the nature of quo warranto requiring the opposite parties to show that by which authority opposite party No. 4 is holding the post of Professor Centre for Advance Research (Stem Cell/Cell Culture Lab) K.G.M.U., Lucknow."
(2.) The Writ Petition has been filed on the ground that the Respondent No.4 lacks the educational qualification as required by an incumbent for being appointed as Professor in Stem Cell/Cell Culture Lab and therefore, was in-eligible. In support of the aforesaid allegations, the Petitioner has contended that the Respondent No.4 does not possess qualifications as prescribed in the Advertisement against the post of Professor in Stem Cell/Cell Culture Lab.
(3.) Learned counsel representing the K.G.M.U, Sri Abhinav N. Trivedi, raised A Preliminary objection raised with regard to maintainability of the instant Writ Petition seeking a Writ of Co-Warranto on the ground that the post of 'Professor' in KGMU is not a 'Public Office'. In support of preliminary objection, Sri Trivedi counel for the K.G.M.U, placed reliance on the provision of Uttar Pradesh King George's Medical University Act, 2002 (in short "Act of 2002") and First Statute, 2011 (in short "Statute of 2011"). The reliance has also been placed on various authorities/judgments including the judgment of this Court dated 16.08.2019 passed in the Writ Petition No.19119 (SS) of 2019 [Kundan Singh Vs. State of U.P.].;