JUDGMENT

Madan B. Lokur, J.

1. Leave granted.

2. The only question for consideration is whether respondent No.5 Dr.D.D. Gupta was eligible for being considered for promotion to the post of Assistant Professor in accordance with the Himachal Pradesh Medical Education Service Rules, 1999. In our opinion, the question should beans we red in the affirmative and against the appellant Dr. Purshotam Kumar Kaundal.

3. The eligibility criteria for promotion to the post of Assistant Professor, as laid down in the Service Rules is as follows:- "By promotion from amongst the lecturers who possess three years regular service or regular combined with continuous ad hoc (rendered upto 31.3.1998) service, if any, in the grade in the concerned specialty failing which by appointment (by selection from amongst the members of H.P. Civil Medical Service (General Wing) having recognized post-graduation degree or its equivalent qualification in the concerned specialty and possess at least three years teaching experience as Lecturer / Registrar / Demonstrator / Tutor / Sr. Resident / Chief Resident in the concerned specialty after doing post-graduation in the concerned specialty failing which by direct recruit