Tarlok Singh Chauhan, J.

1. The only question involved in the present writ petition is as to whether merely on the basis of having acquired the eligibility qualification a person is entitled to be appointed dehors the rules that too on the basis of general executive instructions issued prior to the promulgation of the statutory rules under proviso to Article 309 of the Constitution of India.

2. The petitioners have acquired the minimum eligibility for being appointed as Staff Nurse (Class-III). However, instead of competing with the others against 75% quota fixed for the direct recruits, the petitioners claim that the department should be directed to fill up 50% of these posts by batch-wise recruitment method at the departmental level against the existing direct recruit quota.

Certain essential facts may be noticed.

3. The respondent-State issued the Recruitment and Promotion Rules for the post of Staff Nurse (Class-III) on 18.8.1994 whereby the post of Staff Nurse was to be filled up 75% by direct recruitment and 25% by promotion besides prescribing the qualifications required for the post.

4. The respondent thereafter issued Recruitment and Promotion Rules for the post of St