JUDGMENT

SAWANT, J.:—Leave granted.

Respondents 3 to 9 are trained Ayurvedic Compounders. They joined the State service between. 1962 and 1969 as such Compounders. The next promotional post is that of Ayurvedic Chikitsa Adhikari (Vaidya). Under the Himachal Pradesh Health and Family Planning Department Subordinate Class III Services (Recruitment, Promotion and Certain Conditions of Service) Rules, 1974 (hereinafter referred to as "State Rules") which have been framed under Art. 309 of the Constitution, the essential qualification for promotion to the post of Vaidya is either (i) Vaidya Visharad which is a diploma course, with seven years experience or (ii) Ayurveda Ratna which is a degree course, with five years experience. The Departmental Promotion Committee (D.P.C.) for selecting candidates for the post of Vaidya met on 2nd December, 1977. Respondents 3 to 9 (hereinafter referred to as "respondents") were not selected on the ground that they did not have the required diploma/ degree from a recognised institution as required by the said Rules. Instead, their juniors were selected. The claim of the respondents is that in fact they had appeared for the examinations variously for Vai