S. R. SINGH, J. ( 1 ) SINCE common questions of law and facts are involved in these writ petitions, it would be convenient to dispose them of by a common Judgment. Accordingly, these petitions were taken up and heard for disposal by a common Judgment. ( 2 ) FACTS on which the writ petitions and the reliefs claimed therein are grounded may be stated briefly as thus : By Government Order dated 2. 4. 1998, six Government Allopathic Medical colleges of the State were converted into the so-called individual autonomous societies registered under the provisions of Societies Registration Act, 1860. The Government Order dated 2. 4. 1998, which came to be quashed by this Court in C. M. W. P, No. 2263 of 1999 etc. etc. . U. P. Medical College Medical Education Teachers Societies. Gorakhpur and Anr. v. Union of India and Ors. , 1999 (3) AWC 2459 , was issued, infer alia, visualising therein that though creation of posts would be with the approval of the State Government, the existing posts as also the posts that may be created in future would be deemed to be posts under the concerned society ; that the existing staff would be deemed to be on deputation for which they would not be entitled to any deputation allowance and their service conditions would remain the same ; employees and officers appointed on the posts created subsequent to the creation of society would be treated to be servants of the concerned Society and their service conditions would be such as may be laid down in the bye-laws of the society ; and the Government properties and equipments in these medical Colleges would be deemed to have been transferred to respective societies on their formation subject to the condition that the transfer of such properties and equipments by the concerned Society would be made either under the bye-laws or with prior permission of the government. On 17. 10. 1998, six Societies (one for each Medical College) were registered under the Societies Registration Act. 1860. The State of U. P. filed S. L. P. No. 11840 of 1999 on 27. 8. 1999. The Honble Supreme Court, however, initially granted no interim order. However, special Leave Petition came up before the Honble Supreme Court on 16. 10. 2000 on which date, the following interim order was passed by the Court : "leave granted. 1860. The State of U. P. filed S. L. P. No. 11840 of 1999 on 27. 8. 1999. The Honble Supreme Court, however, initially granted no interim order. However, special Leave Petition came up before the Honble Supreme Court on 16. 10. 2000 on which date, the following interim order was passed by the Court : "leave granted. In the meanwhile, there shall be stay of the impugned judgment but it is clarified that so for as the teachers and other staff of the colleges is concerned, their status as government servants shall not be altered. Sd. 16. 10. 2000" ( 3 ) A writ petition being Civil Misc. Writ Petition No. 24035 of 1999 was filed in the Lucknow bench of the Court seeking direction to the Government to initiate process of selection by sending requisition to the State Public Service Commission. The said petition came to be disposed of finally on 12. 10. 1999 with the direction to the State Government to send requisition to the U. P. Public Service Commission within the time indicated in the Judgment. On 27. 9. 2000, the State Government sent requisition to the U. P. Public Service Commission pursuant to which the posts were advertised vide advertisement No. 2 of 2001 dated 27. 8. 2000. However, it appears that the interim order aforesaid came to be construed by the State Government as if the Societies which were already registered on 17. 10. 1998 came back in existence and their bye-laws became effective. Accordingly, the State Government asked the U. P. Public Service Commission to stop the process of selection vide order dated 27. 1. 2001 which is the subject-matter of impugnment in writ Petition No. 3768 of 2001. On 2. 2. 2001, this Court passed the following interim order in the said writ petition : "learned standing counsel may file counter-affidavit within a month. Sri Pankaj Mittal has accepted notice on behalf of respondent No. 5 and Sri Pushpendra for respondent No. 3. They may file counter-affidavit within a month. Issue notice to respondent Nos. 6 and 7 returnable at an early date. In the meantime, selection on the post of Professors. Associate Professors and Lecturers in the medical Colleges concerned may go but the result will be subject to the decision in the writ petition. " ( 4 ) SPECIAL leave petition was filed against the aforestated order dated 2. 2. 6 and 7 returnable at an early date. In the meantime, selection on the post of Professors. Associate Professors and Lecturers in the medical Colleges concerned may go but the result will be subject to the decision in the writ petition. " ( 4 ) SPECIAL leave petition was filed against the aforestated order dated 2. 2. 2001 but the Apex court dismissed the special leave petition vide order dated 23. 4. 2001. On 13. 8. 2001, however, the Supreme Court in modification of its earlier interim order dated 16. 10. 2000 passed the following order : "vide order dated 2nd April, 1998, the State Government converted Government Medical colleges into Societies. That G. O. was put in issue in a writ petition in the High Court. The High court on 8th July. 1999 quashed the G. O. The order of the High Court was challenged through special leave petitions in this Court. On 16th October, 2000, while granting leave and staying the operation of the impugned order, this Court clarified, "that so far as the existing teachers and the other staff of the colleges is concerned, their status as Government servants shall not be altered. " through these applications, clarification of that order is sought. After hearing learned counsel for the parties, we clarify that the order dated 16th October, 2000 does not prevent teachers and other staff (who had not opted for joining the society) to accept employment of the society, so as to be treated at par with other employees of the society but in the event they do not opt to do so, their status as Government servants, which they were enjoying prior to 2nd April, 1998, shall not be affected. We also clarify that should any of the teachers/members of the staff, who have not so far Joined the society, wish to join the society, they shall be entitled to do so notwithstanding time limit, if any, prescribed by the Government or through any order of the High Court. In case any orders are made by the society regarding service conditions of any of the members of the society, that order shall be without prejudice to the rights of the parties, including non-members and members or employees of the society and shall be subject to the final outcome of the appeals. LA. Nos, 13 - 16. In case any orders are made by the society regarding service conditions of any of the members of the society, that order shall be without prejudice to the rights of the parties, including non-members and members or employees of the society and shall be subject to the final outcome of the appeals. LA. Nos, 13 - 16. The impleadment applications are disposed of with the direction that the applicants shall be permitted to intervene during the hearing of the appeals. Keeping in view the nature of the controversy, it is directed that the appeals be heard expeditiously. " ( 5 ) RELYING on the said order, the State Government by its order dated 20,8. 2001 asked the U. P. Public Service Commission to stop the selection proceeding with immediate effect and not to send any recommendation to the State Government. The order dated 20. 8. 2001 is the subject-matter of challenge in Writ Petition No. 31860 of 2001. Earlier the State Government has issued an order dated 7. 8. 2001 thereby extending the age of superannuation from 58 years to 60 years of teachers giving their options for serving under the societies. The said order is the subject-matter of challenge in Civil Misc. Writ Petition No. 31858 of 2001, The State of U. P. through the Principal Secretary, Medical is the sole respondent in Writ Petition No. 31858 of 2001 and the reliefs claimed therein are two folds : First, that the Government Order dated 7. 8,2001 annexed to the writ petition as Annexure-12 be quashed by issue of writ of certiorari and second, that the Government be restrained from giving benefit of enhancement of age of retirement from 58 to 60 years to teachers Joining the society or in the alternative, to enhance the age of retirement from 58 years to 60 years of teachers not joining the society. In Writ Petition no. 31860 of 2001 also the reliefs claimed are two folds. First, that the Government Order dated 20. 7. 2001 being Annexure- 1 to the writ petition be quashed by issue of writ of certiorari, and second, that the Government be directed not to transfer the posts created under the U. P. State medical Colleges Teachers Rules, 1990 to the societies and not to permit any appointments on these posts through the societies. By Government Order dated 20. 8. 2001 being Annexure- 1 to the writ petition be quashed by issue of writ of certiorari, and second, that the Government be directed not to transfer the posts created under the U. P. State medical Colleges Teachers Rules, 1990 to the societies and not to permit any appointments on these posts through the societies. By Government Order dated 20. 8. 2000 impugned therein, the state Public Service Commission has been requested not to make any selection and not to send recommendation to the Government. In Writ Petition No. 3768 of 2001 reliefs claimed are : firstly, that the Government Order No. 2305/71-1-2001-G-30/2000. dated 27. 1. 2001 being annexure-21 to the writ petition be quashed by issue of writ of certiorari ; and consequently that the Public Service Commission be directed by issuance of writ of mandamus to continue that the selection for direct recruitment on promotion on the vacant posts of Professors. Lecturers and associate Professors in pursuance of advertisement No, 2 of 2000-2001 and forward the names of selected candidates to the State Government for issue of appointment orders. ( 6 ) WE have heard Dr. Ajay Agarwal and Dr. Harlsh Kumar Bisht, counsel for the petitioners and sri Ashok Mehta, chief standing counsel assisted by S/sri Krfpa Shankar Singh and Ravi Ranjan standing counsel. ( 7 ) QUESTIONS of paramount importance that arise for consideration are three folds : firstly, whether the Government Order dated 2. 4. 1998 is void and transfer of Government properties and equipments of six State-owned Medical Colleges to Societies registered under the provisions of societies Registration Act, 1860 is constitutionally invalid? ; secondly, whether transfer on deputation of the teachers appointed on posts created under the provisions of the U. P. State medical Colleges Teachers Service Rules, 1990 (in short the Rules) and constituting the "cadre" or "service" merely on the strength of the Government Order dated 2. 4. 1998 is illegal and void? ; and thirdly, whether the Government Order dated 17. 8. 2001 prescribing two different age of superannuation, one for the teachers joining the Society and another opting to remain in government service is arbitrary and discriminatory? 4. 1998 is illegal and void? ; and thirdly, whether the Government Order dated 17. 8. 2001 prescribing two different age of superannuation, one for the teachers joining the Society and another opting to remain in government service is arbitrary and discriminatory? Upon the answer to the first two questions would depend the validity of the Government Order asking the Commission not to proceed with the selection to the post of Professor, Associate Professor and Lecturers in Medical Colleges on the basis of advertisement No. 2 of 2000-2001 dated 27. 8. 2000. ( 8 ) SO far as the Government Order dated 2. 4. 1998 is concerned, the same has already been held to be void by this Court and the matter is presently pending in the Supreme Court. The question as to whether the Government Order dated 2. 4. 1998 as to whether the transfer of properties and equipments of the Medical Colleges to the corresponding societies also came up for consideration in U. P. Medical Education Teachers Association v. Union of India (supra ). The court, however, did not go into the merits of the question in view of the affidavit sworn by Sri amarjeet, Deputy Secretary Medical Education. We have given our anxious consideration to the question. The affidavit, in our opinion, cannot dilute the purport and import of Government order dated 2. 4. 1998 which visualises, in no uncertain terms, transfer of moveable and immovable properties of Government to the respective societies. The relevant clause of the government Order is quoted below for ready reference : ^^3and izr;sd esfmdy dkyst esa tks leifk o midj. korzeku esa miyc/k gs] og kkldh; leifk gs A lkslkbvh cuk;s tkus ds Qylo:i ;g ifjleifk kklu ls lkslkbvh dksglrkurfjr ekuh tk;sxh A krz ;g jgsxh fd lkslkbvh budsfulrkj. k ;k rks ckbzykwt ds v/khu djs vfkok kklu dhiwoz vuwefr ls djsxh A** ( 9 ) TRANSFER of properties including immovable properties, i. e. , land building and equipment permanently fixed to the earth belonging to the State-owned Allopathic Medical Colleges is governed by the provisions of Article 298 and 299 of the Constitution. Article 298 provides in no uncertain terms that the executive power of the Union and of each State shall extend to the carrying of any trade or business and to the "acquisition, holding and disposal of any property and the making of contracts for any purpose". Article 298 provides in no uncertain terms that the executive power of the Union and of each State shall extend to the carrying of any trade or business and to the "acquisition, holding and disposal of any property and the making of contracts for any purpose". The Government Order dated 2. 4. 1998 certainly involves transfer/disposal of Government property including immovable property in favour of societies and hence it is invalid and void not only for the reasons indicated in the judgment of this Court rendered in the U. P. Medical Teachers Association case (supra) but also on the ground of being violative of Article 299 of the Constitution of India. The words "disposal of any property" used in Article 298 of the Constitution are of wide connotation and include transfer with absolute right or with limited right by way of sale, lease or licence or otherwise. True, the executive power of the State extends to disposal of property but a disposal amounting to transfer of Government property cannot be done except in the manner indicated in Article 299 of the constitution. It need not be said that there is an element of contract in every transfer/disposal of property. Article 299 of the Constitution provides that all contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the President, or by the Governor of the State, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the governor by such persons and in such manner as he may direct or authorise, in the instant case the moveable and immovable properties of Government in respective Medical Colleges have been transferred in flagrant violation of Article 299 of the Constitution. The Societies have no right to use the immovable properties including equipments permanently affixed to the earth and other movable properties. The Government Order dated 2. 4. 1998 is an example of fraud on power and suffers from the vice of mala fide. ( 10 ) SO far as transfer of existing teachers to the Society on deputation is concerned, suffice it to say that such transfer by means of the Government Order dated 2. 4. 1998 suffers from inherent infirmities and is void. 4. 1998 is an example of fraud on power and suffers from the vice of mala fide. ( 10 ) SO far as transfer of existing teachers to the Society on deputation is concerned, suffice it to say that such transfer by means of the Government Order dated 2. 4. 1998 suffers from inherent infirmities and is void. I order to appreciate the question, para 6 of the Government Order dated 2. 4. 1998 being relevant is quoted below : ^^6and inksa dk l`tu iwoz dh Hkkfr kklu ds vuqeksnuls fn;k tk;sxk A ;g blfy, vko;d gs D;ksafd dkystiw. kzr;k Lokoyech ugha gs vksj osru@hkkksa ds fy;skklu ij fuhkzj gs A orzeku esa tks Hkh in l`ftr gsrfkk tks Hkfo"; essa l`ftr gksaxs] og lhkh in lkslkbvhds ekus tk;saxs fdurq orzeku esa tks Hkh LVkq dk;zjrgsa] izfrfu;qfdr ij rsukr ekuk tk;sxk A bl izfrfu;qfdrds fy;s mugsa dksbz vfrfjdr osru@hkkk ns; ugha gksxk Amudh lhkh lsok krsz iwozor jgsaxh A lkslkbvh cu tkus ds ckn tks u;s in l`ftr gksaxs mu ij Hkrhz gksus okysdezpkjh o vf/kdkjh lkslkbvh ds lsod le> s tk;saxs rfkkmudh lsok krsz ogh jgasxh tks fd lkslkbvh ds ckbzyktds vurxzr fu/kzfjr gsa A mudh Hkrhz dh izf;k vgzrk oosrueku vkfn bl izdkj j[ks tk;saxs] ftlls fd og esfmdydkmfuly vkq bf. M;k ds ekud rfkk kkldh; uhfr ds vuq:igksa A----------------------------** ( 11 ) THE service of teachers of the Government owned Allopathic Medical Colleges in the State are governed by the U. P. Medical College Teachers Service Rules. 1990. According to the aforesaid Rules, "the U. P. State Medical College Teachers Service" is a State service comprising Group a and b posts. The strength of the service in each category of posts therein may be such as determined by the Government from time to time. The status of the service of the u. P. State Medical Colleges teachers cannot be altered except by suitably amending the Rules. The argument of the chief standing counsel that Rule 4 of the Rules empowers the Government to change the cadre strength by executive order is a misplaced argument. The Government Order dated 2. 4. 1998 isnot simply an order bringing about any change in the cadre strength of the U. P. State Medical Colleges teachers, rather it involves transfer of service of teachers to a foreign agency. The Government Order dated 2. 4. 1998 isnot simply an order bringing about any change in the cadre strength of the U. P. State Medical Colleges teachers, rather it involves transfer of service of teachers to a foreign agency. The Government Order, in question, amounts to alteration in the Rules made in exercise of power conferred by the proviso to Article 309 of the Constitution which is impermissible in law. Each category of posts falling in the cadre of U. P. State Medical College teachers service can be filled only in the manner provided by the Rules. Transfer of such posts to Societies and appointment thereto in a manner different from the one contemplated by the Rules is totally illegal and void. The view we are taking finds support from the pronouncement of the Supreme court in Dr. Rajinder Singh v. State of Punjab and Ors. , AIR 2001 SC 1769 , wherein validity of a notification dated 9. 4. 1989 which treated P. C. M. S. Class II as Class I was under challenge on the ground that such an alteration in the status of Punjab Civil Medical Service Class II to Class I without making appropriate amendment in the Punjab Civil Medical (State Service Class I)Rules. 1972 was Illegal and invalid. The High Court held that there was no necessity of amending Rules and accordingly dismissed the writ petition. The Supreme Court set aside the judgment of the High Court and held as under : "the settled position of law is that no Government Order, notification or circular can be a substitute of the statutory Rules framed with the authority of law. Following any other course would be disastrous inasmuch as it would deprive the security of tenure and right of equality conferred upon the civil servants under the constitutional scheme. It would be negating the so far accepted service jurisprudence. We are of the firm view that the High Court was not Justified in observing that even without the amendment of the Rules, the Class 1 only by way of notification. Following such a course in effect amounts to amending the Rules by a Government Order and ignoring the mandate of Article 309 of the Constitution. " ( 12 ) THE Government Order dated 20. 7. 2001 and the one dated 27. 1. Following such a course in effect amounts to amending the Rules by a Government Order and ignoring the mandate of Article 309 of the Constitution. " ( 12 ) THE Government Order dated 20. 7. 2001 and the one dated 27. 1. 2001 asking the Public service Commission not to proceed with the process of selection for appointment to the posts of the Lecturer, Associate Professor and Professor in Medical Colleges are Illegal and void and, therefore, unsustainable. ( 13 ) SO far as the Government Order dated 7. 8. 2001 is concerned suffice it to say that the State government have enhanced the age of superannuation of Government servants from 58 to 60 years during the pendency of judgment and, therefore. Civil Misc. Writ Petition No. 31858 of 2001 seeking quashing of the Government Order dated 7. 8. 2001 according to which the age of superannuation of teachers of the Medical Colleges Joining the Society raised to 60 years has been rendered infructuous and, therefore, it is not necessary to go into the question whether the government Order impugned therein suffers from the vice of discrimination. ( 14 ) IN view of the above discussion. Civil Misc. Writ Petition No. 31858 of 2001 is dismissed as infructuous while Civil Misc. Writ Petition No. 31860 of 2001 and Civil Misc. Writ Petition No. 3768 of 2001 are allowed and the Government Orders impugned therein are quashed. The Public service Commission is directed to conclude the selection process, if not already concluded, and make suitable recommendation to the Government in the manner indicated in the U. P. State medical College Teachers Service Rules, 1990 and the Government in its turn shall make appointments to each category of posts falling in the U. P. Medical Colleges Teachers Service on the basis of recommendations so made and not to accord any appointment made by the respective societies as against posts falling in the cadre of service as defined in the Rules. .