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