ORDER : Both these petitions have been heard and are being decided together, as common question of facts and law are involved. 2. Petitioners are aggrieved against non-consideration of their names for promotion to the post of Assistant Professors in the Departments of Pathology and Surgery respectively in Indira Gandhi Medical College, Shimla (for short, “IGMC”). 3. It is not in dispute that initially the appointments of the petitioners were made as Medical Officers (for short, “MOs”) in Health and Family Welfare Department, Government of Himachal Pradesh and were subsequently promoted as Block Medical Officers (for short, “BMOs”) on their respective turn as per seniority. The petitioners during their service tenure acquired postgraduation qualification in their respective subjects and also acquired teaching experience by working as Tutor and Senior Resident respectively. The fact of the matter remains that the petitioners are serving in the cadre of Block Medical Officers (BMOs). 4. On 26.6.2021, Secretary (Health) to the Government of Himachal Pradesh requisitioned service particulars along with other necessary documents of all eligible and willing GDOs/MOs (Specialist/Super Specialist) for consideration on promotion to the post of Assistant Professors in IGMC. The names of the petitioners along with relevant documents were stated to have been forwarded to the competent authority for consideration. Petitioner in CWP No. 4210 of 2020 applied for the post of Assistant Professor in Department of Pathology and petitioner in CWP No. 4504 of 2021 applied for the said post in Department of General Surgery. 5. Petitioners were eventually not considered for the above noted posts of Assistant Professors on the ground that Department of Personnel, Government of Himachal Pradesh had issued instructions initially on 1.9.2010 and subsequently on 3.12.2014, whereby the procedure for the post having more than one channel of promotion from the feeder post to next higher post(s) was prescribed. According to official respondents, since petitioners had once exercised their options to be promoted as BMOs, they were not entitled for being considered to be promoted as Assistant Professors. 6. Appointment to the post of Assistant Professors in IGMC is governed by the Himachal Pradesh Medical Education Service Rules, 1999 (for short, “1999 Rules”). The channel for appointment to said post is 50% by promotion, failing which by direct recruitment and 50% by direct recruitment. 6. Appointment to the post of Assistant Professors in IGMC is governed by the Himachal Pradesh Medical Education Service Rules, 1999 (for short, “1999 Rules”). The channel for appointment to said post is 50% by promotion, failing which by direct recruitment and 50% by direct recruitment. The relevant extract of the Recruitment and Promotion Rules for the post of Assistant Professors is as under: Name of post Age Mode of recruitment Eligibility Assistant Professor (Class –I) Gazetted. Not applicable 50% by way of promotion failing which direct recruitment By promotion from amongst the lecturers, who possess 3 years regular service or regular combined with adhoc service (rendered upto 31.3.1998) if any in the grade in the concerned specialty failing which by appointment (by selection from amongst the members of HP Civil Medical Services (General Wing) having recognized PG Degree or its equivalent qualification in the concerned specialty and possesses at least 3 years teaching experience as lecturer/ registrar/ demonstrator/tutor/Senior Resident/Chief resident in the concerned specialty after doing post graduation in the specialty failing which by direct recruitment. 7. Thus, the eligibility for 50% quota of promotion is firstly from the Lecturers, who possessed three years regular service or regular combined with adhoc service (rendered up to 31.3.1998), if any, in the grade in the concerned specialty. In case of non-availability of any candidate in this category, the above noted rule provides for appointment, by selection from amongst the members of Himachal Pradesh Civil Medical Service (General Wing) ( for short, “General Wing Members”) , having recognized PG Degree or its equivalent qualifications in the concerned specialty with at least three years teaching experience as Lecturer/Registrar/Demonstrator//Tutor/Senior Resident/Chief Resident in the concerned specialty after completion of post graduation in the specialty. 8. In order to succeed in these petitions, it is incumbent upon the petitioners to satisfy that they are eligible for being promoted or selected to the post of Assistant Professors. The channel of promotion is available only to the Lecturers which is a substantive cadre under “1999 Rules” with three years regular service or regular combined with adhoc service, rendered up to 31.3.1998 in the grade in concerned specialty. Admittedly, none of the petitioners possesses this eligibility. Petitioners were neither appointment as Lecturers at any point of time nor have worked as such. Admittedly, none of the petitioners possesses this eligibility. Petitioners were neither appointment as Lecturers at any point of time nor have worked as such. This being so, the petitioners can stake claim under second criteria i.e. by selection from amongst the General Wing Members with requisite and prescribed qualifications. 9. Respondent No.1 framed and notified Himachal Pradesh Civil Medical Service (General Wing), Rules 1995 (for short, “1995 Rules”). Under these rules different posts of Medical Officers and Block Medical Officers were categorized. The 1995 Rules defined “service” as the Himachal Pradesh Civil Medical Service (General Wing) (rule 2(r)), and the incumbents holding posts under different cadres of these rules were defined as its members (rule 2(n)). Evidently, it is on the basis of these nomenclatures that the eligibility condition for the post of Assistant Professors, as noticed above, in the second category required the candidates to be the General Wing Members. 10. The petitioner in CWP No. 4210 of 2020 was already holding the post of Medical Officer at the time of promulgation of 1995 Rules and petitioner in CWP No. 4504 of 2021 became member of Himachal Pradesh Civil Medical Service (General Wing) on his appointment on 25.7.1996. On 5.7.2006, an amendment was carried in 1995 Rules, whereby separate Recruitment and Promotion Rules for the post of Block Medical Officers, (ClassI), Gazetted were formulated and the 1995 Rules were repealed to the extent as were applicable to the post of Block Medical Officers. By these amendments, the post of Block Medical Officer was made promotional post to the extent of 100%, whereas under 1995 Rules originally, Medical Officers were entitled to be placed as Block Medical Officers after eight years of service. The eligibility criteria as per amended rules for the post of Block Medical Officers was prescribed by promotion from amongst the Medical Officers with ten years of regular service or regular combined with continuous adhoc service, rendered if any, in the grade out of which three years service in hard/rural areas was made essential. 11. The necessary consequence of aforesaid amendment was that the Block Medical Officers ceased to be the members of Himachal Pradesh Civil Medical Service (General Wing). 11. The necessary consequence of aforesaid amendment was that the Block Medical Officers ceased to be the members of Himachal Pradesh Civil Medical Service (General Wing). This interpretation becomes inevitable, as Himachal Pradesh Civil Medical Service (General Wing), was creation of 1995 rules and the repeal of said rules to the extent of their applicability to the post of Block Medical Officers had taken the Block Medical Officers out from the membership of Himachal Pradesh Civil Medical Service (General Wing). 12. It is also not in dispute that the Himachal Pradesh Health and Family Welfare Department, Himachal Pradesh Block Medical Officer, ClassI Gazetted, Recruitment and Promotion Rules, 2006 are still in vogue and are distinct than 1995 Rules. In view of above position, the petitioners being Block Medical Officers cannot also stake claim to be appointed as Assistant Professors by selection, as they are not members of Himachal Pradesh Civil Medical Service (General Wing). 13. Having failed to establish their eligibility either as Lecturers or Members of Himachal Pradesh Civil Medical Service (General Wing), the petitioners cannot succeed in these petitions. 14. In light of what has been held hereinabove, the question as to whether the official respondents have rightly or wrongfully refused to consider the candidatures of the petitioners for the post of Assistant Professors in view of notification dated 3.12.2014 remains only of academic interest. Nonetheless, in the considered view of this Court, the refusal by the respondents to the candidatures of the petitioners for the post of Assistant Professors on the basis of notification dated 3.12.2014 is not justified, for the reason that firstly there is nothing on record that the petitioners were afforded any opportunity to exercise option strictly in accordance with the notification dated 3.12.2014 at the time of promoting them as BMOs and secondly it is highly doubtful that the mode of appointment by selection from the members of Himachal Pradesh Civil Medical Service (General Wing), can be said to be a promotional channel. A plain reading of Recruitment and Promotion Rules for the post of Assistant professors, it is abundantly clear that the channel of promotion was available only to the Lecturers with requisite numbers of service to their credit and the alternative mode was a mode of appointment by selection from a limited class confined to the members of Himachal Pradesh Civil Medical Service (General Wing) with requisite qualifications. In any case, the petitioners are not going to be benefited, as they have been held to be ineligible under the Recruitment and Promotion Rules for the post of Assistant Professors. 15. In light of above discussion, the petitions are dismissed with no orders as to costs. Pending applications, if any, also stand disposed of.