JUDGMENT : Present petition has been filed seeking following relief:- “That the respondents may kindly be directed to draw a separate seniority of eligible candidates reckoning their seniority from the date of acquisition of essential qualification (MD/MS) and 3 years of teaching experience for carrying out promotion to the post of Assistant Professor (Microbiology), in the interest of justice.” 2. Petitioner is serving as Medical Officer and is a member of Himachal Pradesh Civil Medical Services (General Wing). Petitioner having passed Graduation Degree in Microbiology with three years experience as Senior Resident, after completion of Post Graduation, is eligible to be promoted to the post of Assistant Professor in Microbiology in Medical Colleges in State of Himachal Pradesh as provided in Rule 11 of Himachal Pradesh Medical Education Service Rules, 1999 (for short ‘Rules 1999’). 3. Petitioner has approached this Court seeking direction to respondents to reckon the seniority of eligible candidates for promotion to the post of Assistant Professor from the date of acquiring the qualification for the said post as provided under Rule 11 of Rule 1999. Whereas, respondents are considering eligible candidates on the basis of the seniority as mentioned as members of Civil Medical Services irrespective of date of acquiring/possessing the essential qualification provided under Rule 11 of Rules, 1999. 4. So far as this High Court is concerned, the aforesaid issue is not res integra as the said issue stands decided by Division Bench of this Court vide judgment dated 18.9.2014 passed in CWP No. 3025 of 2014, titled Dr.Shikha Sood Vs. State of H.P. & another and CWP No.2450 of 2014, titled Dr.Naineesh Sharma Vs. State of H.P. and others wherein prayer of the petitioners therein was identical which reads as under:- “(i) That a writ in the nature of mandamus may be issued directing the respondents to reckon the seniority for promotion to the post of Assistant Professor (Super Specialty) from the date a person acquires the qualification as provided in clause 11 of the HP Medical Education Service Rules, 1999 as amended vide notification dated 28/06/2008.” 5. Learned counsel for the petitioner has tried to re-open the issue by submitting that in the judgment of Division Bench ratio of law laid down in Shailendra Dania and others Vs. S.P. dubey and others, reported in (2007) 5 SCC 535 and Challa Jaya Bhaskar & Others Vs. Learned counsel for the petitioner has tried to re-open the issue by submitting that in the judgment of Division Bench ratio of law laid down in Shailendra Dania and others Vs. S.P. dubey and others, reported in (2007) 5 SCC 535 and Challa Jaya Bhaskar & Others Vs. Thungathurthi Surrender & others, Civil Appeal No. 5579-5586 of 2001 and also judgment passed by this High Court in S.S. Kutlehria & others Vs. State of H.P. & others, CWP No. 1358 of 2008, has not been taken into consideration. To substantiate the claim of the petitioner, judgment passed by Punjab and Haryana High court in Punjab State Electricity Board Vs. Ashok Kumar Sehgal, reported in AIR 1990 (P&H) 117 and Delhi High Court in M.A. Khan and another Vs. Municipal Council New Delhi & others, LPA No. 280 of 1997 Delhi High Court has also been referred. It has been submitted that ratio of aforesaid judgments is that service rendered prior to acquiring qualification is not to be taken into consideration towards eligibility for promotion to the next higher post. 6. I have gone through these judgments and I am of the considered opinion that ratio of these judgments is not relevant in present case and the plea raised on behalf of petitioner on the basis of it, is misconceived as in present case seniority of incumbent in Civil Medical Services is taken into consideration for determining the interse claim between eligible candidates and eligibility of candidates is decided on the basis of possession of requisite Post Graduate Degree with three years teaching experience as Lecturer/Registrar/ Demonstrator/Tuitor/Senior Resident/Chief Resident in the concerned specialty after doing Post-graduation in the concerned specialty which is essential qualification for falling in the zone of consideration amongst the Medical Officers serving in Civil Medical Services for promotion to the post of Assistant Professor. 7. It is apparent from Rules 1999 that teaching experience of a period of three years is taken into consideration only after acquiring the Post Graduate Degree or its equivalent but not the teaching experience prior to acquiring the Post Graduate Degree, 8. The Division Bench of this Court after taking into consideration various pronouncements of the Supreme Court on the issue in reference has concluded as under:- “23. The Division Bench of this Court after taking into consideration various pronouncements of the Supreme Court on the issue in reference has concluded as under:- “23. This Court cannot issue writ of mandamus commanding the respondents to reckon the seniority for promotion to the post of Assistant Professor (Super Specialty) from the date when a candidate acquires qualifications. This is the job and prerogative of the official respondents and not of this Court. This Court has only interpreted the Rules and as per the Rules, as discussed hereinabove, that a candidate, at the time of falling in the zone of consideration, must have Post Graduate degree alongwith three years teaching experience.” I am in agreement with the aforesaid findings rendered by the Division Bench. Otherwise also I am bound by the judgment passed by the Division Bench and, therefore, present Writ Petition is dismissed alongwith pending application(s), if any.