Judgment

SEN, J. :- This appeal by special leave from a judgment and order of the Delhi High Court dated January (November?) 9, 1979 raises a question of some complexity. The question is whether a Specialist Grade II in a teaching hospital belonging to the Central Health Service is eligible for appointment or promotion as a Professor or Associate Professor of the concerned speciality. The appeal turns on a construction of sub-rules (2) and (2-A) of Rule 8 and paragraphs 2 (b) and 3 of Annexure I to the Second Schedule of the Central Health Service (Amendment) Rules, 1956.

2. The Central Health Service was formed more than two decades ago and was intended to replace the Indian Medical Service, but the recruitment rules were not framed till the year 1963. The Service was constituted for providing doctors for manning the medical, public health and medical research and teaching posts in the Central Government hospitals, dispensaries, scientific research institutions and institutions of higher education. The members of this Service are also meant to man posts in the Union Territories and the various autonomous bodies.

3. In exercise of the powers conferred by the proviso to Art. 309 of the Constitution, the President on May 1, 1963 made the Central Health Service Rules, 1963 which came into force on May 5, 1963. Rule 3 provided for the constitution of the Central Health Service. Under Rule 4 the Service was divided into two classes viz. Class I and Class 11. The rules envisaged categorization of personnel manning the Service into five different categories viz. Categories A to E. Rule 5 provided for the authorized permanent and temporary strength of the Service. Under Rule 5 (3), the controlling authority had the power to interchange any post included in the junior scale with any post included in the senior scale without altering the authorized strength in each category. R. 8 provided for the future maintenance of the Service. 80 per cent of the vacancies in Category B of the supertime scale were to be filled by promotion through Departmental Promotion Committee of officers holding the post in the senior scale who had rendered not less than six years of service in that scale and 20 per cent of the vacancies thereof were to be filled by direct recruitment in the manner prescribed, in the Second Schedule. By a notification dated January 1, 1965, the initial appointments were notified. The essential precondition for the inclusion of a post in the Central Health Service was that a medical qualification recognized under the Indian Medical Council should be prescribed for it.

4. By the Central Health Service (Amendment) Rules, 1966, the Central Health Service was reorganized with effect from September 9, 1966 and the concept of General Duty Officers and Specialist Grade Officers was introduced for the first time. Rule 3 provides that there shall be a Service constituted to be known as the "Central Health Service" consisting of (a) persons appointed to the Service under Rule 7 or Rule 7-A, and (b) persons appointed to the Service under Rule 8. Rule 4 classifies the Service into four categories viz. Category (1) Supertime Grade, apart from the post of (i) Director-General of Health Services on a fixed pay scale of Rupees 2750/- and (ii) Additional Director-General of Health Services on a fixed pay of Rs. 2250/-; Supertime Grade I carrying a pay-scale of Rs. 1800-2250; Supertime Grade II with a pay-scale of Rupees 1300-1800, Category (2) Specialists Grade with a pay-scale of Rupees 600-1300; Category (3) General Duty Officers Grade I with a pay-scale of Rs. 450-1250; and Category (4) General Duty Officers Grade 11 on a scale of Rs. 350-900. Under Rule 5 the authorized strength of the various categories was to be as specified in the First Schedule. Rule 7 provides for the initial appointment to the Service. Rule 7-A provides for the appointment of departmental candidates. Rule 7-A is in two parts. Part A deals with the departmental candidates who