1. This appeal is directed against the order dated 26.6.2001, passed by a learned Single Judge in C.W.J.C. No. 7274 of 2001, allowing the writ application filed by the writ petitioner-respondent no. 1, directing respondent no, 3-the Secretary, Department of Medical Education and Family Welfare and Indigenous Medicine, Government of Bihar (respondent no, 2 in the writ application) to issue notification promoting and appointing the writ petitioner on the post of Professor in the Department of Obstetrics and Gynaecology (hereinafter referred to as the Department) on the basis of the recommendation of the Bihar Public Service Commission (hereinafter referred to as the Commission) and approval of the same by the Cabinet, Government of Bihar.

2. Necessary facts for disposal of the present appeal are as follows: Before adverting to the respective cases of the parties, it is to be stated that the controversy between the parties is as to the appointment of Professor in the Department. The Bihar Government, in exercise of the power under Article 309 of the Constitution of India, framed Bihar Medical Education Service Cadre and Recruitment Rules, 1997 (hereinafter referred to as the R