JUDGMENT

Sethi, J.-Leave granted.

2. Aggrieved by the recommendations of the Departmental Promotion Committee held on 14.1.1998 and consequential promotion of respondent No. 3 as Deputy Director (Health Services), the appellant filed a writ petition in the High Court mainly on the ground that the promotee-respondent did not possess the requisite qualifications under the Service Rules applicable in the case. Relying upon  the notification dated 9th April, 1989 which treated PCMS Class II as PCMS Class I, the High Court dismissed the writ petition observing that for the purpose of treating the PCMS Class II as PCMS Class I, there was no necessity of amending the rules. The High Court, however, held that Rule 9A of the Rule applicable in the case provided that for the post of Deputy Director, a person should be member of Class I atleast for a period of 10 years.

3. It is not disputed that service conditions of the appellant and respondent No.3 are governed by the statutory rules made in exercise of the powers conferred upon the Government under Article 309 of the Constitution which are known as Punjab Civil Medical (State Service Class I) Rules, 1972 (hereinafter referred t