JUDGMENT

1. The Questions that arise for consideration by this court are:-

(a) Whether the demarcation of the position of Director General Aayush, Government of Bihar for an officer of the Indian Forest Service is permissible in law?

(b) Whether Rule 9(b)(v) of the Bihar District Ayush Medical/State Ayush Medical Service (Appointment on Regular/Contract basis and Service Conditions) (Amendment) Rules, 2017 is ultra vires the Constitution of India?

2. The petitioner has prayed for the following reliefs-

"For issuance of an appropriate writ/order or direction or of declaring as ultra vires the part of notification issued under memo no. 16/M.1-03/2008-1282 (Aa.Chi.) dated 20.11.2017 whereby and where under amendments have been made in Bihar District AYUSH Medical/State AYUSH Medical service (Regular/contract appointment and service conditions) Rules 2010 and a provision has been made that the post of Director General shall be earmarked for officer of the Indian Forest Service and/or for any other order or orders to which the petitioner may be entitled to in the facts and circumstances of this case."

3. The Rules relating to the Appointment and Service Conditions of the District and State Ay