Chakradhari Sharan Singh, J.—Heard Mr. Mrigank Mauli, learned Senior Counsel appearing on behalf of the petitioners and Mr. P.N.Sahi, learned A.A.G.-6 assisted by Mr. Birju Prasad, learned G.P.-15 and Ms. Shweta Anand, learned AC to G.P.-15, for the respondent State of Bihar. Bihar Technical Service Commission has been represented by Mr. Nikesh Kumar, learned Advocate and Mr. Prashant Sinha, learned counsel has appeared for intervenors in opposition to the writ application.

2. The petitioners claim to be holding degree of Bachelor of Homeopathic Medicine and Surgery (BHMS) from recognized institutions.

3. The Bihar Technical Service Commission (for short Commission), on the basis of a requisition sent by the Health Department, Government of Bihar, has issued a notice containing Advertisements No. 4 of 2020 to 9 of 2020 inviting applications for filling-up the posts of Ayurvedic Medical Officer, Unani Medical Officer, Homeopathy Medical Officer, Ayush Physician (Ayurvedic), Ayush Physician (Unani), Ayush Physician (Homeopathy) in the pay-scale of Rs.9300-34800 with grade pay of 5400/L-9. A total of 3270 posts have been advertised. Clause (4) of the advertisement discloses the process of selection from which it is evident that the merit list is to be prepared on the basis of the marks scored by the aspirants in their qualifying examination, namely, BAMS, BUMS, BHMS, Post Graduation (MD/MS or higher qualification) and, the points of work experience acquired by them while working on their engagement on contractual basis in recognized Government institutions/hospitals. Following is the brake-up of weightage as mentioned in the advertisement against the said three attributes :—

4. The petitioners have a grievance that the selection procedure laid down in the advertisement is contrary to the statutory prescription under the Bihar District Ayush Medical/State Ayush Medical Service (Appointment on Regular/Contract Basis and Service Conditions) Rule, 2010 (For short 2010 Rules). Rule 7 of the 2010 Rules reads as under :—

“7. Appointment in the State Health Ayush Cadre shall be made by the state Government on the posts of Ayush Medical Officer/Ayush Specialist grade 11. They shall be selected every year having regard to available vacancies through a competitive examination according to prescribed procedure. The selection shall be made through commission and it shall be necessary to follow the reservation rules prescribed by the State Government.”

5. With reference to Rule 7 of the Rules, the petitioners contend that it is legally impermissible for the State Government or the Commission to do away with the requirement of competitive examination as prescribed in Rule 7 of the said Rules. It is their contention that since the Rules have statutory force, the respondents cannot whittle the same down by any process and, therefore, the advertisement is unsustainable and deserves to be set aside. It is the case of the Commission that since the Commission has been constituted by the State Government of Bihar by the Bihar Act 13 of 2013 and thereafter the State Government has formulated specific rules, namely, Bihar Technical Service Commission Selection Procedure Rules, 2018, therefore, the Commission is bound to follow the rules and instructions issued by the State Government as well as the Acts and the Rules and instructions framed by the requisitioning Department for whom the