JUDGMENT : A. K. Ganguly, J. - The subject matter of challenge in this writ application is Annexure-3 issued under the signature of the Deputy Secretary to the Government in the Department of Health and Medical Education. 2. It is urged that the said Annexure-3 is contrary to the statutory rule, namely, the Bihar Medical Teaching Services Cadre and Appointment on the Cadre Posts Rule, 1997. 3. Petitioner nos. 2 to 23 have been appointed on the basis of selection on the post of Resident Medical/ Surgical Officer/ Registrar and are posted in various Medical Colleges of the State of Bihar, namely, Patna Medical College and Hospital, Patna, Nalanda Medical College and Hospital, Patna, Rajendra Medical College and Hospital, Ranchi, Patliputra Medical College and Hospital, Dhanbad, A.N.M. Medical College and Hospital, Gaya, Darbhanga Medical College and Hospital, Laheriasarai, Darbhanga, S.K. Medical College and Hospital, Muzaffarpur, M.G.M. Medical College and Hospital, Jamshedpur, J.N. Medical College and Hospital, Bhagalpur. 4. It is not in dispute that the said appointments of the petitioners have been made on the basis of open advertisement and selection. The petitioners further assert that the post of Resident Medical/ Surgical Officer/ Registrar are tenure teaching posts. The said tenure is normally of three years according to need existing in the State of Bihar. But in some of the cases, the Resident Medical/ Surgical Officer/ Registrar will continue on their post for more than three years, but even in such cases the teaching experience is confined and limited to three years only. 5. The case of the petitioners is that though the Resident Medical/ Surgical Officer/ Registrar are teaching posts, but normally are called Junior Teaching posts. The next higher post for those Junior Teaching posts are Assistant Professor, Associate Professor and then Professor, the petitioner's case is that they have been appointed in the junior teaching posts, and their association, known as Junior Medical Teachers Association has agitated before the Government for converting and declaring the Junior Teaching Posts known as Resident Medical/ Surgical Officer/ Registrar as non-tenure posts. 6. In the year, 1997 the Government framed rule on the basis of the policy decision that the teaching posts form a separate cadre, and once persons are appointed in the teaching cadre they will be continued in the teaching side only. 6. In the year, 1997 the Government framed rule on the basis of the policy decision that the teaching posts form a separate cadre, and once persons are appointed in the teaching cadre they will be continued in the teaching side only. This rule has been framed under Article-309 of the Constitution and is known as Bihar Medical Teaching Service Cadre and Appointment on the Cadre Posts Rule, 1997. This rule has been published in the Gazette on 21st May, 1997. This rule has been framed in ORDER :to remove frustration and uncertainty in the service career of those who have joined the teaching post. From clause-3 of the said rule it appears that the said rule shall be applicable to all vacancies occurring from before and also the vacancies that are likely to occur. Under the said rule the Junior Teaching post would mean the Lecturer, and senior Teaching posts would mean the Assistant Professor, Associate Professor and Professor. Under Rule-5(KH), it is provided that the post of Resident Doctor and Registrar shall be converted as lecturer and other posts will remain as it is. 7. The petitioner assert that under clause-5 (Gha) all the officers working on the aforesaid posts from before shall give their option in writing within the date mentioned for remaining in the Medical Education Cadre. Those who will not give their option in writing shall be reverted to the original cadre. It has also been stated that all those officers who do not have requisite qualification and teaching experience on the date of their appointment on the post mentioned in the said rule shall be reverted to the original cadre of Bihar Health Services. 8. In this context the petitioners are aggrieved by the impugned ORDER :at Annexure-3 by which it has been stated that the persons holding tenure posts of Resident Medical/ Surgical Officer/ Registrar on completion of their tenure shall automatically be reverted back to the basic Health Services Cadre. The petitioners are objecting the said Clause in the impugned ORDER :at Annexure-3. The petitioner's contentions are that since they are continuing in the post of Resident Medical/ Surgical Officer/ Registrar on the day when rule came into force, and thereafter they have exercised their option to remain in the Medical Education Cadre, they become Lecturer by operation of law. The petitioners are objecting the said Clause in the impugned ORDER :at Annexure-3. The petitioner's contentions are that since they are continuing in the post of Resident Medical/ Surgical Officer/ Registrar on the day when rule came into force, and thereafter they have exercised their option to remain in the Medical Education Cadre, they become Lecturer by operation of law. This right which has been given to them under the rule framed under Art. 309 of the Constitution and cannot be taken away by the executive direction contained in Annexure-3. 9. This contention raised by the petitioner is substantially correct, and in paragraph nos. 24 to 25 of the writ petition and also in Para-27 of the Writ petition these contentions have been raised by the petitioner. In the counter affidavit those averments have not at all been properly answered. Apart from that it is well settled that a right conferred to a person on the basis of Rule under Art. 309 is a right conferred to the incumbent concerned under a law. It is also well settled that the rules framed under Art. 309 are legislative in character. Such right given under a law can be given even with retrospective effect. Therefore, the right created under such law cannot be overridden by the executive circulars as is sought to be done by annexure-3. 10. This Court is of the opinion that those petitioners who are Resident Medical Officers and Registrars on the date of coming into force of the said rule, namely, 21st May 1997 and those who have exercised their option, they become lecturer by operation of law, and in their cases Annexure-3 will not apply. Annexure-3 is therefore modified to the extent indicated above. 11. This writ petition is thus allowed to the extent indicated above. There will be no ORDER :as to costs.