Judgment

S.B. Majmudar, J.—Leave granted.

2. By consent of learned counsel for the parties, we have heard this appeal finally and the same is being disposed of by this judgment. The short question involved in this appeal is as to how the quota and rota rule for recruiting Professors in the Department of Ophthalmology in the medical college belonging to the appellant-State of Punjab is to be operated. The relevant factual matrix for deciding this controversy may be noted at the outset.

Background facts:

3. The respondent, at the relevant time when this controversy arose, was working as an Assistant Professor in the Department of Ophthalmolo­gy in the Government Medical College, Patiala. He was a promotee with effect from 20th June, 1984. Earlier he was working as Senior Lecturer from 6.8.1981. The question arose as to how the vacancy in the post of Professor of Ophthalmology was to be filled in on the retirement of one Dr. Shiv Inder Singh Rudra, Professor of Ophthalmology, with effect from 31.10.1996. The relevant rule governing such posts is Rule 9(i)(d) of the Punjab Medical College Education Service (Class-I) Rules, 1978 (hereinafter referred to as the ‘Rules’). The said rule reads