JUDGMENT :

1. All the petitioners are the qualified doctors. They were appointed pursuant to the scheme envisaged in G.O. Ms. No. 809 dated November 29, 1986, on honorarium basis of Rs. 50/- per day to the doctors working in ncn-tribal areas and Rs. 75/- per day to those working in tribal areas. The petitioners are seeking a Mandamus directing the respondents to continue the petitioners in service, also to regularise their service and to pay salary and allowances attached to the post of Civil Assistant Surgeon, with effect from their dates of appointment.

2. Admittedly, the appointment to the post of Civil Assistant Surgeons are to he made by direct recruitment through a process of selection. The right to post arises only on selection by the competent authority, be it by the Andhra Pradesh Public Service Commission or any other commission constituted under the relevant rules. But the procedure of recruitment and appointment are regulated under the relevant rules, Therefore, the recruit-ment shall be made only in accordance with those rules and the appoint-ment should be consistent with the statutory rules but not in derogation thereof. Any appointment made in derogation of the stat