ORDER

1. This writ petition under Article 32 was referred to a Bench of three Judges to decide an important question of constitutional dimension raised in this case.

2. Admittedly, in the Health Department of Government of U. P. called Provincial Medical Health Services (for short, the Services(recruitment to the posts of Doctors and promotion up to the post of Director were regulated by executive instructions of the Government and from the year 1973 Government had appointed the doctors to the service. Until the U. P. Regulation of Ad hoc Appointment (on posts within the purview of the Public Service Commission) Rules, 1979, were made by the Governor, in exercise of power under proviso to Article 309) of the Constitution, all the appointments and also promotions came to be made on ad hoc basis. The petitioner-Association is seeking for a writ co quash the memo dated July 28, 1986 and for declaration that promotions made within the cadre shall be on the basis of seniority subject Co rejection on ground of unfit-ness and to regularise the services of all the officers in the cadre as per instructions as were in vogue prior to the date of that memo and other reliefs.

3. The admitted po