ORDER : 1. Respondents No. 1 and 2 on 03.08.2022 decided to fill up newly created 300 posts of Medical Officers (contract basis) by holding the selection process on the basis of a written test. Respondent No. 3-Atal Medical and Research University Nerchowk, District Mandi was directed by respondents No. 1 and 2 to conduct the said written test. Both these decisions have been questioned in this petition. 2. Relevant factual position may be first noticed: (i) On 14.07.2022, the Government of Himachal Pradesh approved for filling up 300 newly created posts of Medical Officers on contract basis in the department of Health Services. (ii) On 03.08.2022, respondents No. 1 and 2 sent an office letter (Annexure P-13) to respondent No. 3 University conveying the decision of the Government to fill up 300 posts of Medical Officers (contract) only on the basis of a written test. Respondent No. 3 University was directed to initiate steps for conducting the test in transparency and security. The contents of letter dated 03.08.2022 being relevant are extracted hereinafter: “No. Health-A-B(15)9/2022-L Government of Himachal Pradesh Department of Health and Family Welfare From: The Pr. Secretary (Health) to the Government of Himachal Pradesh To The Registrar, Atal Medical and Research University, SLBSGMC Campus, Nerchwok, Distt. Mandi, H.P. Dated: 03.08.2022 Subject: Regarding filling up of 300 posts of Medical Officers in the Department of Health Services, H.P. Sir, I am directed to refer to the subject cited above and to convey the approval of Government to fill-up 300 posts of Medical Officers, on contract basis, subject to the following terms and conditions: 1. These 300 posts of Medical Officers will be recruited on contract basis and emoluments will be as per OM No. Health-AB(15)9/2021 dated 10.6.2022 (Annexure-A). 2. The essential qualification and upper age limit will as per provision of R&P Rules (Annexure-B). However, 5 year relaxation in upper age limit is admissible only to bona-fide SC, ST, OBC, WFF, Person with disability of H.P. While of HP Govt. employee and Ex-servicemen of HP age relaxation will be as per Government’s instruction issued from time. 3. The name of candidates will be recommended as per roster at Annexure-C. 4. The final merit list will be prepared only on the basis of written exam and no viva-voce test will be conducted. 5. employee and Ex-servicemen of HP age relaxation will be as per Government’s instruction issued from time. 3. The name of candidates will be recommended as per roster at Annexure-C. 4. The final merit list will be prepared only on the basis of written exam and no viva-voce test will be conducted. 5. The recruitment will be subject to all court cases pending at Hon’ble High Court with regard to recruitment of Medical Officers. You are therefore, requested to initiate steps for filling up of above posts by way of maintaining proper security. In case of any lapse incurred during the examination, the entire responsibility will be yours. In the meanwhile, you are requested to intimate Government with regard to steps taken by you for conducting the exam in transparency and security. Yours faithfully Dated: 03.08.2022 Sd/- (Neeraj Kumar) Special Secretary (Health to the Government of Himachal Pradesh.” (iii) Respondent No. 3 University issued advertisement No. 8/2022 (Annexure P-14) on 06.08.2022 inviting online recruitment applications from desirous and eligible candidates for recruitment to 300 posts of Medical Officers (General Wing) Class-I Gazetted (on contract basis) in the Department of Health and Family Welfare, H.P. The posts were further split up for candidates belonging to different categories. The written test was scheduled for 04.09.2022. (iv) Aggrieved against the decision of respondents No. 1 and 2 to fill up the posts of Medical Officers (contract) on the basis of written test instead of walk-in-interviews and also aggrieved against the decision of respondents No. 1 and 2 for getting the written test conducted through respondent No. 3 University, ten doctors have preferred present writ petition praying for the following substantive reliefs: “1 For issuance of a writ of certiorari quashing the impugned correspondence dated 03.08.2022 and advertisement dated 06.08.2022 (Annexure P-13 and P-14) as illegal, unreasonable, arbitrary and against the mandate of the Constitution of India. 2. For directing the respondents to issue fresh process for selection of 500 posts of MOs on contract basis as per the R&P Rules of 2012 and as per the Government decision dated 14.07.2022 (Annexure P-12) by conducting walk-in-interviews through Director Health Services. 3. For issuance of a writ of mandamus directing the respondents to act upon correspondence dated 12.04.2022 (Annexure P-10) and start the process of filling up of 144 posts of MOs through walk-in-interviews to be conducted by Director Health Services.” 3. 3. For issuance of a writ of mandamus directing the respondents to act upon correspondence dated 12.04.2022 (Annexure P-10) and start the process of filling up of 144 posts of MOs through walk-in-interviews to be conducted by Director Health Services.” 3. For claiming above reliefs, learned Senior counsel for the petitioners has urged following points: (i) Selection process cannot be held contrary to the applicable Recruitment and Promotion Rules (in short R&P Rules). The executive directions cannot supersede or override the R&P Rules. (ii) For the recruitment process in question, the applicable R&P Rules have been given a complete go-bye. The Rules provide for filling up posts of Medical Officers (contract) on the basis of walk-in-interviews, whereas the impugned selection process is being conducted on the basis of a written test. In terms of the Rules, the selection process is to be conducted by respondents No. 1 and 2, whereas in the instant case, respondents No. 1 and 2 have directed respondent No. 3 to conduct the written test. These decisions have been taken by respondents No. 1 and 2 only by way of executive instructions, which run contrary to the express stipulations in R&P Rules. (iii) In past, the posts of Medical Officers (contract) have been filled up only on the basis of walk-in-interviews. The same procedure should have been followed for filling up the newly created 300 posts of Medical Officers (contract). Learned counsel for the petitioners has relied upon Pepsu Road Transport Corporation vs. Mangal Singh and Others, (2011) 11 SCC 702 , Union of India and Another vs. Ashok Kumar Aggarwal, (2013) 16 SCC 147, Raminder Singh vs. State of Punjab and Another, (2016) 16 SCC 95 , Ashish Kumar vs. State of Uttar Pradesh and Others, (2018) 3 SCC 55 and a judgment passed by a Division Bench of this Court Jitender Singh Rangta and Others vs. State of Himachal Pradesh and Another, (2020) 3 Shim. LC 1720 in support of well settled principle that executive instructions cannot override specific provisions of the R&P Rules. For the sake of brevity and convenience, the arguments advanced by the parties under the above main points and observations made thereunder are being separately dealt with hereinafter. 4. Observations Selection process allegedly being contrary to the R&P Rules. LC 1720 in support of well settled principle that executive instructions cannot override specific provisions of the R&P Rules. For the sake of brevity and convenience, the arguments advanced by the parties under the above main points and observations made thereunder are being separately dealt with hereinafter. 4. Observations Selection process allegedly being contrary to the R&P Rules. From both sides, reliance has been placed upon the R&P Rules for the posts of Medical Officers (General Wing) Class-I Gazetted in the Department of Health and Family Welfare, H.P. framed vide Notification dated 09.03.2012. Rule 10 thereof provides method of recruitment. This rule envisages recruitment on contract basis. The rule is as under: “10. Methods of recruitment, whether by direct recruitment or by promotion, deputation, transfer and the percentage of posts to be filled in by various methods: (i) 100% by direct recruitment on a regular basis or by recruitment on contract basis as the case may be. The contract employees will get emoluments as given in Col. 15-A and will be governed by the service conditions as specified in the said column. The procedure for selection for appointment to the post on contract basis has been detailed in Rule 15(A) as under: “15(A) Selection for appointment to the post on Contract basis (I) CONCEPT (a) Under this policy the Medical Officer in Health and Family Welfare Department, H.P. will be engaged on contract basis initially for a period of one year, which may be extendable on year to year basis. Provided that for extension/renewal of contract period on year to year basis the concerned HOD shall issue a certificate that the service and conduct of the contract appointee is satisfactory during the year. (II) SELECTION (a) The director of Health Services, H.P. after obtaining the approval of the government to fill up the vacant posts on contract will advertise the detail of vacant posts in two leading newspapers and invite applications fro the candidates having the prescribed qualifications & fulfilling the other eligibility conditions as prescribed in these Rules. (b) The selection will be made in accordance with the eligibility conditions prescribed in these Rules. (c) Selection for appointment to the post in the case of contract appointment will be made on the basis of vivavoce test or if considered necessary or expedient by written test or practical test the standard/syllabus etc. (b) The selection will be made in accordance with the eligibility conditions prescribed in these Rules. (c) Selection for appointment to the post in the case of contract appointment will be made on the basis of vivavoce test or if considered necessary or expedient by written test or practical test the standard/syllabus etc. of which will be determined by the concerned selection committee as may be constituted by the Government from time to time. (d) After concluding the selection process, the Director Health services will furnish all the records alongwith recommendation to the Government for issuing of appointment orders at Government level. (i) First argument advanced by learned Senior counsel for the petitioners is that under Rule 15(A) of the R&P Rules, the posts of Medical Officers (contract) should be filled up only on the basis of interviews. The State Government while approving creation of 300 posts of Medical Officers (contract) had decided to fill them on the basis of walk-in-interviews. In past also, State had filled up posts of Medical Officers (contract) by holding walk-in-interviews. The impugned decision of respondents No. 1 and 2 to hold written test for filling up 300 newly created posts of Medical Officers is not only contrary to the R&P Rules, but also in variance to the settled past precedents. Contending that the number of desirous candidates being less than the number of posts, it was urged that there was no necessity for the respondents to conduct written test for the posts in question. The second contention of learned Senior counsel for the petitioner is that under Rule 15(A) of the R&P Rules, it is only the Director of Health Services, Himachal Pradesh-respondent No. 2 who is competent to advertise and fill up the post(s) in question, on contract basis, whereas in the instant case, respondents No. 1 and 2 vide communication dated 03.08.2022 (Annexure P-13) have directed respondent No. 3 University to carry out the selection process. Such directions dated 03.08.2022 as contained in annexure P-13 are mere executive instructions and run contrary to the provisions of Rule 15(A) of the R&P Rules. (ii) Written test viz-a-viz walk-in-interviews Having heard learned counsel on both sides, we do not find merit in the contentions of the petitioners. It is an admitted fact that 300 newly created posts of Medical Officers were directed to be filled on contract basis. (ii) Written test viz-a-viz walk-in-interviews Having heard learned counsel on both sides, we do not find merit in the contentions of the petitioners. It is an admitted fact that 300 newly created posts of Medical Officers were directed to be filled on contract basis. Rule 15(A) of the R&P Rules gives out selection procedure for appointment to the posts on contract basis. In terms of this Rule, recruitment on contract basis can be made on the basis of: (i) viva voce test or if considered necessary or expedient (ii) by written test or practical test the standard/syllabus etc. of which will be determined by the concerned selection committee as may be constituted by the Government from time to time. Just because in the previous years, contractual appointments of Medical Officers were made on the basis of walk-in-interviews, would not mean that respondents No. 1 and 2 have forfeited their right to make selection on the basis of written test. Holding of written test is a permissible method for filing up the posts on contract basis under the R&P Rules. Holding of written test is a better method of selection and ensures fairness and transparency. The fact cannot be lost sight of that as many as 300 posts of Medical Officers were intended to be filled up by the respondents on contract basis. Respondents No. 1 and 2 in their reply have justified holding the written test instead of walk-in-interviews for filling up the posts of Medical Officers on contract basis in following manner: “21. That it is submitted that, however, while working out the feasibility for conducting walk-in-interviews on the basis of percentile normalization method, it was found that there were complications in percentile normalization method as it required overall merit list of a particular batch. The National Board of Examinations (NBE) had shown its inability to provide the final merit list of concerned batch to the concerned candidates. Besides, institutions/Universities of other States were also not providing such merit lists of the candidates. Since many candidates having completed MBBS from different Medical Colleges inside and outside the Country, were likely to appear, the merit list was to be difficult to procure. For procuring merit list, much more time was likely to be required. Besides, institutions/Universities of other States were also not providing such merit lists of the candidates. Since many candidates having completed MBBS from different Medical Colleges inside and outside the Country, were likely to appear, the merit list was to be difficult to procure. For procuring merit list, much more time was likely to be required. The whole notion for going through walk-in-interview was speedy recruitment process which was going to be in vain, in case as much larger time was likely to be consumed. In view of the complicacies of the procedure of using percentiles and possible confusion on the process to be adopted which could lead to legal disputes, a relook at the methodology of recruitment was made. 22. That it is submitted that keeping in view all the above aspects as also the provisions contained under Column 15 of the Recruitment & Promotion Rules with regard to selection for appointment to the post in the case of direct recruitment on the basis of viva-voce test or written or practical test by any other recruitment authority (as the Medical Officers to be appointed were/are further to be regularized as per the Policy of the Government without any further screening test), the matter regarding mode of recruitment was re-considered at Government level whereafter a conscious decision was taken to get these 300 posts of the Medical Officers filled up through the Atal Medical and Research University Mandi by way of a written examination, being a most transparent and merit based mechanism. The University assigned this task as the domain knowledge and is also a specialized institution to deal with all matters related to all the streams of medicines such as Modern System of Medicine, Dental Sciences, Nursing Sciences, Indian System of Medicine and Homeopathy, various Para-medical disciplines such as Medical Laboratory Technology, Pharmacy, Physiotherapy and Speech Therapy etc. for the purpose of registration of students, regulations and conduct of examinations of all the academic courses and to award degrees and diplomas to the students in the State of Himachal Pradesh. The University is conducting many type of examinations, having proper infrastructure and resources for selecting the candidates in short span.” Respondents No. 1 and 2 have given plausible and justifiable reasons for making selections/appointments on the basis of merit in the written test instead of making recruitment on the basis of walk-in-interviews. The University is conducting many type of examinations, having proper infrastructure and resources for selecting the candidates in short span.” Respondents No. 1 and 2 have given plausible and justifiable reasons for making selections/appointments on the basis of merit in the written test instead of making recruitment on the basis of walk-in-interviews. The petitioners have not been able to demonstrate any prejudice being caused to them by the action of the respondents in proceeding to fill up the newly created 300 posts of Medical Officers (contract) on the basis of merit of candidates in the written test. The written test is a prescribed method of making selection/appointment to the posts in terms of Rule 15(A) of the R&P Rules. The argument that respondents have held written test only in terms of executive instructions and that such executive instructions are contrary to the R&P Rules lacks merit. Point is answered accordingly. (iii) Recruitment Agency (iii) (a) The contention of learned Senior counsel for the petitioners is that under the R&P Rules, it is only the Director of Health Services, Himachal Pradesh-respondent No. 2 who is competent to advertise the details of vacant posts and to fill up such posts on contract basis. It is only the Director of Health Services Himachal Pradesh who can hold the selection process for appointment to the posts (on contract basis). In the instant case, respondents No. 1 and 2 instead of themselves conducting selection process, have directed respondent No. 3 University to advertise the posts in question and to conduct the written test. Such directions issued on 03.08.2022 (Annexure P-13) and follow-up action taken on that basis by respondent No. 3 University by issuing advertisement dated 06.08.2022 (Annexure P-14) are de-hors the provisions of the R&P Rules. Learned Senior Additional Advocate General countered the above argument by submitting that there is no illegality or irregularity in respondents No. 1 and 2’s directing respondent No. 3 University to hold the written test and for drawing the merit list. That such a course is permissible under Rule 15 (A) (c) of the R&P Rules [Provision has already been extracted earlier]. That such a course is permissible under Rule 15 (A) (c) of the R&P Rules [Provision has already been extracted earlier]. Learned Senior Additional Advocate General submitted that subsequent to the letter dated 03.08.2022, respondent No. 3 University had constituted a committee on 05.08.2022 “for successful conduct of written test for recruitment of 300 posts of Medical Officers on contract basis in the department of Health and Family Welfare Government of Himachal Pradesh......” Meeting of this committee was convened on 05.08.2022. The committee deliberated and decided upon the modalities of convening the written test etc. including the subjectwise distribution of multiple choice questions for the written test. (iii) (b) After hearing learned counsel on both sides, we are not inclined to accept the petitioners’ contention that recruitment to the posts of Medical Officers (contract) through respondent No. 3 University was impermissible under the R&P Rules. Rule 15(A) (c) of the R&P Rules inter-alia provides for holding of written test or practical test, the standard/syllabus etc. of which is to be determined by the concerned selection committee as may be constituted from time to time by the Government. It is, therefore, within the competence of respondents No. 1 and 2 to conduct selection process through another agency/duly constituted committee. Rule 15 of the R&P Rules pertains to selection for appointment to the posts on regular basis. This rule clearly indicates that regular appointment need not be made only on the basis of selection process conducted by H.P. Public Service Commission. The selection process can also be got conducted through any other recruiting agency so considered necessary or expedient. It will be appropriate to extract the provisions of Rule-15 as under: 15. Selection for appointment to the post on regular basis Selection for appointment to the post in the case of direct recruitment shall be made on the basis of viva-voce test or written or practical test; if Himachal Pradesh Public Service Commission or other recruiting authority as the case may, so consider necessary or expedient. The standard/syllabus of the viva-voce/written/practical test will be determined by the Commission/other recruiting authority, as the case may be. The standard/syllabus of the viva-voce/written/practical test will be determined by the Commission/other recruiting authority, as the case may be. Once the regular recruitment process can be got conducted through any other recruiting authority, then we fail to understand as to why the contractual recruitment process in question by way of holding the written test cannot be got conducted by respondents No. 1 and 2 through respondent No. 3 University. No allegations of mala-fides or biasness have been levelled by the petitioners against respondent No. 3 University. Respondent No. 3-Atal Medical and Research University, SLBSGMC Campus, Nerchowk, District Mandi is the only existing State Medical University. The work assigned to respondent No. 3 University in terms of impugned Notification dated 03.08.2022 (Annexure P-13) is only to conduct the written test and to prepare the merit list thereof. We do not find such action to be contrary to the provisions of R&P Rules. Written test was conducted by respondent No. 3 University during the pendency of the petition, on 04.09.2022. There are no complainants of unfairness etc. No other point was urged during hearing of the case. 5. For the foregoing reasons, the petition lacks substance and is accordingly dismissed. By way of interim order dated 02.09.2022, we had permitted the respondents to hold the written test, but directed that the result of the same shall not be declared without leave of the Court. It shall now be open to the respondents to proceed ahead with the selection process. Pending applications, if any, also stand disposed of.