JUDGMENT :

SANJEEV KUMAR, J.

1. Whether the classification made on the basis of educational qualification for promotion offends Article 14 and 16 of the Constitution of India, is the precise question that falls for consideration in these two writ petitions.

2. Briefly put, the facts leading to filing of these two writ petitions are that the petitioners are serving in the Sheri-Kashmir Institute of Medical Sciences Soura, Srinagar (SKIMS) as Staff Nurses. They claim to have rendered their services as Staff Nurses for last 27 years. Admittedly, all of them, at the time of their appointment, were matriculates and possessing three years diploma in General Nursing and Midwifery. It is the case of the petitioners that right from the date of their appointment till 1998, there were no recruitment rules issued by the respondent Institute. It was only on 22.05.1998, that the respondents promulgated the Sheri-Kashmir Institute of Medical Sciences Subordinate Services Recruitment Rules 1998 (for short "Rules of 1998").

3. As per Rule 5 of the Rules of 1998, no person was eligible for appointment or promotion to any post in any class, category or grade in the service unless he possessed the qualifi