JUDGMENT : Sandeep Sharma, J. By way of instant petition, petitioner has prayed for the following main reliefs (refer to page No. 273 of the paper book, relief clause in the amended petition): “(i) That this Hon'ble Court may be pleased to issue writ of mandamus directing the respondents to hold DPC for the post of Assistant Professor Department of Hospital Administration in SLBSGMCH Mandi at Ner Chowk considering only those eligible candidates who in respect of year 2022 were eligible and within the zone of consideration with reference to the vacancy of that year as per Para 16.29 of the Handbook on Personnel Matters Volume-1 Page 543. (ii) That this Hon'ble Court may further be pleased to issue writ of mandamus directing the respondents to fill up the vacancy by way of promotion strictly as per the R & P Rules and Para 16.29 of Handbook on Personnel Matters Volume-1 Page 543 and as per the law laid down by the Hon'ble Supreme Court in 1995 (4) SCC 246 . (iii) That this Hon'ble Court may be pleased to issue writ of certiorari quashing impugned Minutes of Meeting of the Departmental Promotion Committee for the post of Assistant Professor (Hospital Administration) SLBSGMC, Nerchowk, District Mandi dated 14.3.2024 (Annexure P-18) with the further direction by issuing writ of mandamus to declare the petitioner eligible as per the R&P Rules and the administrative experience gained by the petitioner for the post of Assistant Professor (Hospital Administration) SLBSGMC, Nerchowk, District Mandi.” 2. Precisely, the facts of the case as emerge from the record are that petitioner herein, after his having completed MMBS Degree in year 2002 (Annexure P-1), joined Department of Health Services in the State of Himachal Pradesh as a Medical Officer in year 2007 on regular basis. In afore capacity, petitioner served at various places within the State of Himachal Pradesh. While in service, petitioner was selected for Post Graduation in the subject of Hospital Administration from Post Graduate Institute of Medical Education & Research, Chandigarh (in short “PGIMER”), which he successfully completed in the month of December, 2017 (Annexure P-2). After his having completed Post Graduation in the subject, detailed hereinabove, petitioner joined National Health Mission as a State Programme Officer in the year 2018. Vide notification dated 27.06.2018, petitioner was ordered to be posted as Hospital Administrative Officer in IGMC & Hospital, Shimla (Annexure P-3). 3. After his having completed Post Graduation in the subject, detailed hereinabove, petitioner joined National Health Mission as a State Programme Officer in the year 2018. Vide notification dated 27.06.2018, petitioner was ordered to be posted as Hospital Administrative Officer in IGMC & Hospital, Shimla (Annexure P-3). 3. For clear understanding of dispute, it is apt to take note of the fact that Medical Education Department notified Himachal Pradesh Medical Education Rules, 1999, which subsequently came to be amended from time to time. As per afore Rules, an incumbent to enter the teaching faculty in the Medical Colleges in the State of Himachal Pradesh after completion of MD Course has to first do Senior Residency and after his/her having completed three years of Senior Residency, he/she becomes eligible to be promoted/appointed to the post of Assistant Professor. After rendering four years service as Assistant Professor, an incumbent becomes eligible for further promotion to the post of Associate Professor and Associate Professor further becomes eligible to be promoted as Professor after his/her having completed five years of service as Associate Professor. 4. Vide notification dated 15.10.2018, Health & Family Welfare Department proceeded to amend Himachal Pradesh Medical Education Rules, 1999 in the year 2018, which were named as Himachal Pradesh Medical Education Service (10 th Amendment) Rules, 2018 (in short “Rules of 2018”). Vide aforesaid notification, amendments were carried out of Annexures-I & II and further of Appendix-B. The amendments, which were carried out by way of Rules of 2018 read as under: “2. Amendment of Annexure-I- In Sl. No. 3 of Annexure-I to the Himachal Pradesh Medical Education Service Rules, 1999 (hereinafter referred to as the "said rules"), after the existing provisions of Column No. 11, the following provisos shall be added, namely :- "Provided that, in order to form initial cadre, in case the incumbents with prescribed teaching experience in Hospital Administration/Management are not available, three years administrative experience as Hospital Administrator/ Deputy Medical Superintendent in Government Medical Colleges after post graduation degree shall be considered at par with teaching experience for promotion/ selection as Assistant Professor in Hospital Administration /Management: Provided further that above proviso shall cease to be in operation after filling up of newly created posts of Assistant Professor (Hospital Administration). 3. Amendment in Appendix-B- In Sl. No. 3 of Appendix-B to the said rules, after the existing provisions relating to Essential Qualification under Sl. 3. Amendment in Appendix-B- In Sl. No. 3 of Appendix-B to the said rules, after the existing provisions relating to Essential Qualification under Sl. No. (iii), the following provisos shall be added, namely:- Provided that, in order to form initial cadre, in case the incumbents with prescribed teaching experience in Hospital Administration/Management are not available, three years administrative experience as Hospital Administrator/ Deputy Medical Superintendent in the Government Medical Colleges after Post Graduation Degree shall be considered at par with teaching experience for promotion/ selection as Assistant Professor in Hospital Administration /management: Provided further that above proviso shall cease to be in operation after filling up of newly created posts of Assistant Professor (Hospital Administration): 4. Amendment of Annexure-II- In Annexure-II appended to the said rules, after entry No. 43, the following entry No. 44 shall be inserted, namely :- "44. Hospital administration-MD (Hospital Administration/ Management) or MD health Administration) (full time course) or equivalent from a recognized Medical College/ Teaching Institution. Note: The above mentioned qualification through correspondence shall not be considered for promotion / selection to the post of Assistant Professor (Hospital Administration)". 5. Copy of notification dated 15.10.2018 is placed on record as Annexure P-4. Bare reading of aforesaid rules reveals that vide notification dated 15.10.2018, department concerned was pleased to notify essential qualification and experience for the post of Assistant Professor, Department of Hospital Administration. As per afore notification issued by the Principal Secretary (Health), Government of Himachal Pradesh, following qualification and experience came to be notified for the post of Assistant Professor, Department of Hospital Administration: Himachal Pradesh Medical Education Department Department of Hospital Administration Essential Qualification and Experience: Sr. No. Name of thepost(s)/Department Essential Qualification and Experience 1 Assistant Professor, Department of Hospital Administration (i) A basic University or equivalent qualification included in any of the Schedules of Indian Medical Council Act, 1956 (102 of 1956) and must be registered in the State Medical Register or Indian Medical Council Register. (ii) M.D. (Hospital Administration /Management)/M.D. (Health Administration or equivalent (full time course) from a recognized University / recognized Medical College/Teaching Institution. (iii) Three years teaching/administrative experience in the profession after acquiring Post Graduate qualification as Hospital Administrator/ Dy. (ii) M.D. (Hospital Administration /Management)/M.D. (Health Administration or equivalent (full time course) from a recognized University / recognized Medical College/Teaching Institution. (iii) Three years teaching/administrative experience in the profession after acquiring Post Graduate qualification as Hospital Administrator/ Dy. Medical Supdt./ Lecturer/ Registrar/ Senior Resident/ Demonstrator/ Tutor in a recognized Under Graduate and Post Graduate Medical College and Hospital/ Teaching Institution Note: The above mentioned Post Graduation qualification through correspondence shall not be considered for the promotion to the post of Asstt. Professor/ Senior Residents in the Deptt. of Hospital Administration 6. Perusal of afore rules reveals that essential qualification and experience for promotion to the post of Assistant Professor in the Department of Hospital Administration is that firstly, an incumbent should be registered in State Medical Register or Indian Medical Council Register and he/she should have basic University or equivalent qualification in any of the schedules of the Indian Medical Council Act, 1956, secondly, incumbent should be MD in Hospital Administration/Management/ MD (Health Administration) or equivalent from a recognized University/recognized Medical College/ Teaching Institution and thirdly, he/she should have three years teaching/administrative experience in the profession after acquiring Post Graduate qualification as Hospital Administrator/ Deputy Medical Superintendent/ Lecturer/ Registrar/ Senior Resident/ Demonstrator/ Tutor in a recognized under Graduate and Post Graduate Medical College/ Hospital Teaching Institution. 7. Pleadings adduced on record by the petitioner reveals that pursuant to afore notification as well as notification dated 15.10.2018 issued by the Principal Secretary (Health), Government of Himachal Pradesh, Dr. Rahul Rao, who at relevant time was serving as Deputy Medical Superintendent at IGMC & Hospital, Shimla and Dr. Vikrant Kanwar, who at relevant time was serving Hospital Administrative Officer at RPGMC & Hospital, Tanda, respectively, came to be promoted as Assistant Professor in the Department of Hospital Administration in IGMC & Hospital Shimla and RPGMC & Hospital Tanda, Kangra, respectively, against a newly created posts in terms of the amended Rules. Since none of them had done Senior Residency, they were given benefit of their having served the institution as a Deputy Medical Superintendent as well as Hospital Administrative Officer. In year 2017, four new Government Medical Colleges came into existence in the State of Himachal Pradesh i.e. Pandit JLNU Medical College, Chamba, SLBSGMC, Mandi at Ner Chowk, Dr. Radhakrishnan Government Medical College, Hamirpur and Government Medical College, Sirmour at Nahan. In year 2017, four new Government Medical Colleges came into existence in the State of Himachal Pradesh i.e. Pandit JLNU Medical College, Chamba, SLBSGMC, Mandi at Ner Chowk, Dr. Radhakrishnan Government Medical College, Hamirpur and Government Medical College, Sirmour at Nahan. Since the post of Assistant Professor in the Department of Hospital Administration was required to be filled up in afore colleges, letter dated 23.04.2022 came to be issued from the office of Principal Secretary (Health), Government of Himachal Pradesh to the Director, Health Service Himachal Pradesh, thereby requesting afore authority to furnish service particulars as per the requirement for holding DPC of all eligible candidates (Annexure P-6). Pursuant to afore communication, Director, Health Services, issued letter dated 15.07.2022 to Chief Executive Officer-cum-Director Health Safety & Regulation, Himachal Pradesh and to Principal’s of all afore medical colleges, all Chief Medical Officers/Medical Superintendents, under Health & Family Welfare Department, Himachal Pradesh, ZLO Kandbari/Madodhar, under Health & Family Welfare Department, thereby requesting all the addresses to furnish the name of eligible/willing Medical Officers/Specialists with complete bio-data alongwith form of option in the above said specialty at SLBSGMCH, Mandi at Ner Chowk to the Directorate at the earliest (Annexure P-7). The petitioner, being eligible for promotion to the post of Assistant Professor in terms of the Recruitment and Promotion Rules, submitted his option to be considered for the said post in the concerned college. Besides above, Senior Medical Superintendent, IGMC & Hospital, Shimla, vide letter dated 18.07.2022, furnished requisite information in terms of office letter dated 15.07.2022 to the Director, Health Services, Himachal Pradesh, Shimla (Annexure P-8 Colly). Perusal of aforesaid communication reveals that name of the petitioner was sent to be considered for the post of Assistant Professor on account of his having three years experience as Hospital Administrator. However, for some unknown reasons DPC was not held. After receipt of information furnished by the Principals of the Medical Colleges, Himachal Pradesh/ Chief Medical Officer/ Medical Superintendents/ Principal Training Centres/ ZLO, the Director, Health Services, furnished the required information to the Principal Secretary (Health) to the Government of Himachal Pradesh, Shimla, vide letter dated 31.08.2022 alongwith the proforma/ service particulars of eligible candidates. Name of Doctors namely Dr. Sunil Kakkar, Medical Officer Specialist in the office of Medical Superintendent at YSPGMC, Nahan, and Dr. Name of Doctors namely Dr. Sunil Kakkar, Medical Officer Specialist in the office of Medical Superintendent at YSPGMC, Nahan, and Dr. Anant Ram, who at that relevant time, was pursuing Senior Residency in the Department of Hospital Administration at Dr. RPGMC, Tanda and the petitioner Dr. Shomin Dhiman, who at relevant time was serving as Hospital Administrator, in the office of Senior Medical Superintendent Office at IGMC, Shimla, were sent along with other doctors. Dr. Sunil Kakkar, whose name was at serial No. 1 had given his non-willingness, whereas Dr. Anant Ram, who was at serial No. 2 was not eligible for his having completed Senior Residency by 17.11.2023, petitioner, who otherwise had become eligible to be promoted against the post in question on account of amendment carried out in Rules of 2018, was the only eligible candidate for promotion to the post of Assistant Professor in the Department of Hospital Administration in SLBSGMCH, Mandi at Ner Chowk (Annexure P-9 Colly). However, fact remains that despite there being receipt of aforesaid communication from Director, Health Services, Himachal Pradesh, Shimla, Principal Secretary (Health), Government of Himachal Pradesh, failed to convene the meeting of DPC. Principal Secretary (Health), Government of Himachal Pradesh again sent communication dated 12.09.2022 to Director, Health Services, regarding the filling up the post of Assistant Professor, Hospital Administration, SLBSGMCH Mandi at Ner Chowk through DPC, whereby it was stated that before the matter is examined in the department, the requisite teaching experience of the petitioner regarding completion of his three years of Senior Residency in the Hospital Administration may be furnished (Annexure P-10). Director, Health Services, Himachal Pradesh, vide letter dated 28.01.2023, clarified to the Secretary (Health), Government of Himachal Pradesh that petitioner had completed his three years of posting as Hospital Administrator in 2021 and therefore, his work experience is fit to be counted as Teaching Experience and the petitioner is further eligible for the post of Assistant Professor in Hospital Administration in terms of R&P Rules (Annexure P-11). Vide letter dated 22.02.2023, issued by the office of the Secretary (Health) to the Government of Himachal Pradesh, a communication was again addressed to the Director, Health Services, raising certain queries and requesting the furnishing of options of only eligible incumbents in order of seniority (Annexure P-12). Vide letter dated 15.05.2023, Director, Health Services, clarified that there is no sanctioned post of Hospital Administrator in Dr. Vide letter dated 15.05.2023, Director, Health Services, clarified that there is no sanctioned post of Hospital Administrator in Dr. RKGMC, Hamirpur and therefore, Dr. Mohan Singh Thakur and Dr. Satish Kanwar, who were working as Medical Officer Specialist (MHA) in Dr. RKGMC, Hamirpur, cannot be considered in absence of sanctioned post and further stated that Dr. Ajay Sharma stands already promoted as BMO and therefore, he was also not eligible for the post of Assistant Professor. It was the petitioner only, who was eligible to be considered for promotion to the post of Assistant Professor, Hospital Administration in SLBSGMCH Mandi at Ner Chowk (Annexure P-13). Despite there being aforesaid clarification rendered by Director, Health Services, Principal Secretary (Health), Government of Himachal Pradesh, again sent communication dated 27.05.2023, stating therein that the information supplied vide letter dated 15.05.2023 is incomplete. Director, Health Services, pursuant to afore letter again submitted the copy of non-willingness of Dr. Sunil Kakkar, with further clarification that petitioner was eligible since 04.07.2021 as he possesses three years experience as Hospital Administrator as per R&P Rules of the Government of Himachal Pradesh (Annexure P-15 (Colly). However, vide letter dated 24.06.2023, matter was again referred back to Director, Health Services, to explain as to how the petitioner had completed his Senior Residency on 04.07.2021, whereas the Senior Residency at IGMC Shimla and Dr. RPGMC Tanda was started in the year 2020 and was requested to furnish fresh Integrity Certificate of the petitioner (Annexure P-16). Director, Health Services, vide letter dated 19.09.2023, clarified that the petitioner had not completed Senior Residency in Hospital Administration, but had worked as Hospital Administrator from 04.07.2018 and completed three years on 04.07.2021 and therefore, as per the provisions of R&P Rules, the petitioner is eligible for promotion to the post of Assistant Professor, Hospital Administration (Annexure P-17). 8. Director, Health Services, vide letter dated 19.09.2023, clarified that the petitioner had not completed Senior Residency in Hospital Administration, but had worked as Hospital Administrator from 04.07.2018 and completed three years on 04.07.2021 and therefore, as per the provisions of R&P Rules, the petitioner is eligible for promotion to the post of Assistant Professor, Hospital Administration (Annexure P-17). 8. If the documents adduced on record by the petitioner, which have not been otherwise refuted by the respondents in their reply, are perused in its entirety, it can be safely inferred that though Director, Health Services, repeatedly apprised Principal Secretary (Health), Government of Himachal Pradesh, with regard to eligibility of the petitioner for promotion to the post of Assistant Professor in the subject concerned, but yet on one pretext or the other meeting of DPC was not convened, rather process came to be initiated in the Department for issuing show cause notice to the petitioner for his having furnished wrong information. In the afore background, petitioner approached this Court by way of writ petition, which subsequently on account of subsequent developments came to be amended, praying therein for the reliefs, as have been reproduced hereinabove. 9. Having regard to the nature of dispute vis-a-vis pleadings adduced on record, this Court passed following order on 28.11.2023, which reads as under: CWP No.9027 of 2023 and CMP No. 16776 of 2023 Upon issuance of notice on 20th November, 2023, Mr. Rajan Kahol, learned Additional Advocate General has placed on record the instructions dated 28.11.2023, which read as under: “HFW-D-E(3)-102/2023 Government of Himachal Pradesh Department of Medical Education. From The Secretary (Health) to the Government of Himachal Pradesh To The Ld. Advocate General State of Himachal Pradesh, Shimla Subject: - CWP No. 9027/2023- titled as Dr. Shomin Dhiman Vs. State of H.P. and Ors. Sir, I am directed to refer to the subject cited above and to inform that the DPC to the post of Assistant Professor (Hostipal Administration), SLBSGMC, Nerchowk is under active consideration of the Respondent No.1 as per the provisions of the R & P Rules. After examination of the matter some additional information has been sought from the O/o the Respondent No.2 i.e. Director Health Services. HP. After examination of the matter some additional information has been sought from the O/o the Respondent No.2 i.e. Director Health Services. HP. On receipt of the same further course of action shall be carried out to conduct DPC to the post of Assistant Professor (Hospital Administration), SLBGMC, Nerchowk from the eligible incumbents as per the provisions of the R& P Rules. It is therefore, requested to apprise the Hon'ble High Court of the above position and request for grant of atleast three weeks time in the matter. Yours faithfully Sd/- Secretary (Health) to the Government of Himachal Pradesh.” 2. The case set up by the petitioner is that the petitioner passed his MBBS and thereafter Master in Hospital Administration, vide Annexure P-1 and P-2. The petitioner was then posted in IGMC, Shimla as Hospital Administrative Officer on 27.06.2018 (Annexure P-3). Thereafter, the State Authorities have issued 10th amendment to Himachal Pradesh Medical Education Service Rules, 1999 on 15th October, 2018 (Annexure P-4), which prescribes the eligibility for promotion to the post of Assistant Professor, Department of Hospital Administration. 3. Case records reveal that the Respondents 1 to 3 took a decision for initiating the process for filling up one vacant post of Assistant Professor in Department of Hospital Administration at SLBSGMCH Mandi at Nerchowk in April 2022 (Annexure P-6), by promotion from amongst the eligible incumbents, as per the provisions of Himachal Pradesh Medical Education Rules, 1999 amended on 15th October, 2018. As a sequel thereto, the options were called from eligible candidates on 15th July, 2022 (Annexure P-7) and the Integrity Certificates/Vigilance Clearance Certificates/Teaching Experience Certificate/etc. were called by Respondent No1-Principal Secretary (Health) to the Government of Himachal Pradesh from Director of Health Services, Himachal Pradesh, Shimla and others. In response to this, various communications were exchanged inter-se the departmental authorities. In this context, Mr. Sunil Mohan Goel, Advocate, refers to the communications dated 31.08.2022 (Annexure P-9) and dated 07.06.2023 (Annexure P-15), which contain performa of three candidates, including the petitioner as well as respondent No.4 herein, and another communication dated 19.09.2023 (Annexure P-17) in respect of the petitioner. 4. In this context, Mr. Sunil Mohan Goel, Advocate, refers to the communications dated 31.08.2022 (Annexure P-9) and dated 07.06.2023 (Annexure P-15), which contain performa of three candidates, including the petitioner as well as respondent No.4 herein, and another communication dated 19.09.2023 (Annexure P-17) in respect of the petitioner. 4. At this stage, without going into the rival claims and contentions, including the factum of eligibility or ineligibility, either of the petitioner or of the respondent No.4; and keeping in view the instructions dated 28.11.2023 (referred to in Para 1 of this Order); this Court directs the Principal Secretary (Health) to the Government of Himachal Pradesh that ongoing process for convening the Departmental Promotion Committee (DPC) for the sole post of Assistant Professor in Department of Hospital Administration, at SLBSGMCH Mandi at Nerchowk be taken to its logical end in accordance with the Recruitment and Promotion Rules within two weeks from today. 5. It is clarified that consideration of candidates on the basis of DPC, shall be subject to the outcome of the writ petition. It is also clarified that the process for DPC may continue but the final orders thereon shall not be issued except with the leave of the Court. CMP bearing No. 16776 of 2023 is disposed of accordingly. List on 12.12.2023. 10. Vide afore order, this Court directed the Principal Secretary (Health) to the Government of Himachal Pradesh that ongoing process for convening the Departmental Promotion Committee (DPC) for the sole post of Assistant Professor in Department of Hospital Administration, at SLBSGMCH Mandi at Nerchowk, be taken to its logical end in accordance with the Recruitment and Promotion Rules within two weeks, but consideration of candidates on the basis of DPC, shall be subject to the outcome of the writ petition. In the afore order, this Court specifically clarified that the process for DPC may continue, but final orders thereon shall not be issued except with the leave of the Court. 11. Though pursuant to afore order, DPC was convened for the post in question, but interestingly, candidature of the petitioner was not considered for the reason that he is not eligible as he has not done Senior Residency. Since respondent No. 4 Dr. 11. Though pursuant to afore order, DPC was convened for the post in question, but interestingly, candidature of the petitioner was not considered for the reason that he is not eligible as he has not done Senior Residency. Since respondent No. 4 Dr. Anant Ram, who at the time of initiation of process for filing up the post in question had not completed Senior Residency, came to be recommended for promotion to the post of Assistant Professor in the concerned department, petitioner herein with the leave of Court amended the writ petition and prayed for the reliefs as extracted in the earlier part of the judgment. Respondents filed reply to the amended petition, therein justifying their action inasmuch as recommending the name of respondent No. 4 for promotion to the post of Assistant Professor in the department concerned. 12. I have heard learned counsel for the parties and gone through the record. 13. It is quite apparent from the record that petitioner herein after having served as State Programme Officer in the office of National Health Mission came to be posted as Hospital Administrative Officer in IGMC & Hospital, Shimla. It is also apparent from the material available on record that vide notification dated 09.07.2008, Government of Himachal Pradesh ordered upgradation of 74 posts for IGMC & Hospital, Shimla and KNSH under Medical Education Department in public interest. On account of aforesaid notification, post of Hospital Administrator was upgraded to that of Hospital Administrative Officer. Copy of afore notification (Annexure P-18) reveals that post of Hospital Administrative Officer was upgraded from existing Ministerial cadre post of Hospital Administrator, but it was further decided that the upgraded post would be occupied by a GDO cadre doctor. It is also apparent from the record that in the year 2011 Dr. Reena Thakur, MBBS, MHA, was appointed as Hospital Administrator/Hospital Administrative Officer in IGMC, Shimla and she performed her duties w.e.f 25.06.2011 to 26.02.2015. Thereafter Dr. Anjali Chauhan, was appointed as Hospital Administrator/Hospital Administrative Officer and she also performed her duties w.e.f. 18.04.2015 to 05.07.2018. Vide notification dated 27.06.2018 issued by respondent No. 1, petitioner was pleased to be posted as Hospital Administrative Officer. Though notification dated 27.06.2018 suggests that petitioner was appointed as Hospital Administrative Officer, but as has been taken note hereinabove, post of Hospital Administrator was upgraded to that of Hospital Administrative Officer. Vide notification dated 27.06.2018 issued by respondent No. 1, petitioner was pleased to be posted as Hospital Administrative Officer. Though notification dated 27.06.2018 suggests that petitioner was appointed as Hospital Administrative Officer, but as has been taken note hereinabove, post of Hospital Administrator was upgraded to that of Hospital Administrative Officer. Besides above, photograph of honour board placed on record reveals that all the doctors, as named hereinabove, including petitioner had been performing the duties of Hospital Administrator since the day they were appointed against the post of Hospital Administrative Officer (Annexure P-19). Besides above, there are number of communications placed on record (Annexures P-17, P-18, P-19, P-20, P-21 (Colly), P-22 and P-23) suggestive of the fact that petitioner had been participating in various meetings organized by the Medical Superintendent as well as Secretary (Health), Government of Himachal Pradesh, wherein his presence/attendance has been marked as Hospital Administrator. Copy of E-service book (Annexure P-22) downloaded from net from the website of IGMG, Shimla, clearly shows that designation of the petitioner as Hospital Administrator (Annexure P-23). 14. Leaving everything aside, once it is not in dispute that vide notification dated 09.07.2008, post of Hospital Administrator was upgraded to that of Hospital Administrative Officer to be manned by GDOs and since then, GDO Officers have been manning such post, may be under designation of Hospital Administrative Officer, rightful claim of the petitioner cannot be permitted to be defeated on the ground that he was not holding the designation of Hospital Administrator at relevant time. Similarly, this Court finds that prior to amendment of Himachal Pradesh Medical Education Rules, 1999, an incumbent to enter the teaching faculty to the State of Himachal Pradesh was necessarily required to do Senior Residency after completion of MD course and his/her after having completed three years Senior Residency, she/he was eligible to be promoted/appointed to the post of Assistant Professor. However, aforesaid Rules came to be amended vide notification dated 15.10.2018 i.e. Himachal Pradesh Medical Education Service (10 th Amendment) Rules, 2018. However, aforesaid Rules came to be amended vide notification dated 15.10.2018 i.e. Himachal Pradesh Medical Education Service (10 th Amendment) Rules, 2018. Vide aforesaid notification, amendments were carried out of Annexure-I, II and further Appendix-B. Careful perusal of Rules, as extracted hereinabove, clearly reveals that State of Himachal Pradesh, with a view to form initial cadre in the Department of Hospital Administration, specifically provided in Rules that in case the incumbents with prescribed teaching experience in Hospital Administration/ Management are not available, three years administrative experience as Hospital Administrator/ Deputy Medical Superintendent in the Government Medical Colleges after Post Graduation Degree, shall be considered at par with teaching experience for promotion/selection as Assistant Professor in Hospital Administration/Management. Afore proviso clearly provides that proviso made to Annexure-I shall cease to be in operation after filling up of newly created posts of Assistant Professor/Hospital Administration, meaning thereby, aforesaid relaxation in Rules was done to ensure formation of initial cadre in the department of Hospital Administration. After amendment of aforesaid Rules, Government of Himachal Pradesh itself initiated process for appointment to the post of Assistant Professor in the Department of Hospital Administration vide notification dated 15.10.2018. Even as per aforesaid notification, it specifically came to be provided that a person desirous of getting promoted/appointed against the post of Assistant Professor, Department of Hospital Administration actually had to possess Master’s Degree in subject of Hospital Administration and he shall have three years teaching/ administrative experience in the profession after acquiring Post Graduate qualification as Hospital Administrator/Dy. Medical Superintendent/Lecturer/Registrar/Senior Resident/ Demonstrator/Tutor in a recognized under Graduate and Post Graduation Medical College and Hospital/Teaching Institution. As per aforesaid rules, incumbent desirous of getting appointed to the post of Assistant Professor, besides being registered in State Medical Register and Indian Medical Council Register, should have passed basic University or equivalent qualification in any of the schedules of the Indian Medical Council Act, 1956. 15. It is also not in dispute, rather stands admitted on record that pursuant to notification dated 15.10.2018 issued by the Principal Secondary (Health), Government of Himachal Pradesh, two doctors namely Dr. Rahul Rao and Dr. 15. It is also not in dispute, rather stands admitted on record that pursuant to notification dated 15.10.2018 issued by the Principal Secondary (Health), Government of Himachal Pradesh, two doctors namely Dr. Rahul Rao and Dr. Vikrant Kanwar, who admittedly had not done Senior Residency, were appointed as Assistant Professor in the Department of Hospital Administration, IGMC & Hospital Shimla and RPGMC & Hospital Tanda, on account of their having administrative experience in the capacity of Deputy Medical Superintendent, IGMC and Hospital Administrative Officer in respective colleges. Though Director, Health Services, Himachal Pradesh, in response to communication dated 23.04.2022 issued from the office of Principal Secretary (Health), Government of Himachal Pradesh, repeatedly clarified that petitioner herein is eligible to be appointed against the post of Assistant Professor on account of his having served as Hospital Administrative Officer for more than three years, but yet on one pretext or the other meeting of DPC was not convened. Though pleadings adduced on record by the parties to the lis reveals that Director, Health Services, besides recommending the name of the petitioner, had also recommended the name of Dr. Sunil Kakkar, Medical Officer, especially in the office of Medical Superintendent at YSPGMC Nahan, Sirmaur and Dr. Anant Ram, who at relevant time, was pursuing Senior Residency in the Department of Hospital Administration at RPGMC, Tanda, but since Dr. Sunil Kakkar, whose name was at serial No. 1, expressed his unwillingness to join and he had not opted for the post of Assistant Professor in the Department of Hospital Administration and at that relevant time Dr. Anant Ram, who was at serial No. 2 was not eligible on account of his having not completed Senior Residency, but yet process initiated for filling up the post of Assistant Professor in the Department of Hospital Administration, at SLBSGMC & Hospital, Mandi at Nerchowk was not taken to its logical end. 16. Interestingly, office of Principal Secretary (Health), Government of Himachal Pradesh, taking note of various notings as well as communication dated 15.05.2023 issued by IGMC & Hospital, Shimla, arrived at a conclusion that petitioner was not holding the post of Hospital Administrator and as such, is not eligible for promotion to the post of Assistant Professor in the Department of Hospital Administration. Though perusal of minutes of meeting of DPC clearly reveals that factum with regard to upgradation of the post of Hospital Administrator to the post of Hospital Administrative Officer was brought to the notice of DPC, but yet candidature of the petitioner was not considered on the ground that he had not held the post of Hospital Administrator and as such, he is not eligible to be promoted against the post of Assistant Professor in terms of R&P Rules. Director, Health Services, Himachal Pradesh, while justifying its recommendation repeatedly apprised Principal Secretary (Health), Government of Himachal Pradesh that petitioner was the only eligible candidate for promotion, but it appears that office of Principal Secretary (Health), Government of Himachal Pradesh, purposely, with a view to defeat the rightful claim of the petitioner and to ensure that respondent No. 4 becomes eligible, delayed the DPC proceedings. Director, Health Services, vide letter dated 15.05.2023, clearly intimated Secretary (Health), Government of Himachal Pradesh, that there is no sanctioned post of Hospital Administrator in Dr. RKGMC Hamirpur and as such, Dr. Mohan Singh Thakur and Dr. Satish Kanwar, who are working in afore college as Medical Officer Specialist, cannot be considered in absence of sanctioned post. Since Dr. Ajay Sharma already stood promoted as BMO, he was not eligible for the post of Assistant Professor. Since despite there being repeated clarifications issued by the Director, Health Services, no steps were being taken by respondent No. 1 to conduct DPC, petitioner approached this Court in the instant proceedings. Interestingly, pursuant to order dated 28.11.2023, respondent No. 1 convened a meeting of DPC, but yet failed to consider the candidature of the petitioner on the ground that he did not hold the post of Hospital Administrator in past. Though process to fill up the post of Assistant Professor stood initiated with an issuance of letter dated 23.04.2022 from the office of Principal Secretary (Health), Government of Himachal Pradesh, whereby Director Health Services, Government of Himachal Pradesh, was requested to furnish service particulars as per the requirement for holding DPC of all the eligible candidates, however, respondent No. 1, despite there being candid and specific recommendation of the name of the petitioner, failed to conduct meeting of DPC for more than one and a half year. Though this Court, having taken note of inordinate delay in conducting meeting of DPC and instructions dated 28.11.2023 placed on record at the behest of Principal Secretary (Health), Government of Himachal Pradesh, permitted the respondents to proceed with the ongoing process for convening the DPC for the sole post of Assistant Professor in Department of Hospital Administration, at SLBSGMCH, Mandi at Nerchowk, in accordance with the Recruitment and Promotion Rules within two weeks, but with a Caveat that no final order shall be passed without the leave of the Court. 17. Though in terms of aforesaid order, respondent conducted meeting of DPC, but yet failed to consider the candidature of the petitioner on the ground that he is not eligible. Interestingly, at the time of convening of meeting of DPC, candidature of respondent No. 4 came to be considered by respondent No. 1, who admittedly by that time had completed Senior Residency. However, question, which needs to be determined at this stage is “whether the qualification acquired by respondent No. 4 at the time of convening the DPC was to be taken into consideration, or whether the qualification possessed by him at the time of initiation of the process for filling up the post in the year 2022 ought to have been considered?” 18. Before exploring answer to aforesaid question, this Court finds it necessary to deal with the question of eligibility of the petitioner for his being appointed against the post of Assistant Professor in Hospital Administration. At the cost of repetition, it is once again noticed that with the promulgation of Himachal Pradesh Medical Education Service (10 th Amendment) Rules, 2018, person having three years administrative experience as Hospital Administrator/ Deputy Medical Superintendent in the Government Medical College after Post Graduation Degree had also become eligible because Rules clearly provide that aforesaid three years administrative experience in various capacities, as detailed hereinabove, shall be considered at par with teaching experience for promotion as Assistant Professor in Hospital Administration/ Management. It is not in dispute that the petitioner, while exercising his option to be considered for appointment to the post of Assistant Professor in the Department of Hospital Administration, had already served as Hospital Administrative Officer at IGMC & Hospital, Shimla, for more than three years. It is not in dispute that the petitioner, while exercising his option to be considered for appointment to the post of Assistant Professor in the Department of Hospital Administration, had already served as Hospital Administrative Officer at IGMC & Hospital, Shimla, for more than three years. Next question, which needs consideration is “whether that post of Hospital Administrative Officer occupied by the petitioner can be considered at par with the post of hospital administrator?” 19. As has been discussed hereinabove, prior to issuance of notification dated 09.07.2008, there was no post of Hospital Administrative Officer, rather there was only post of Hospital Administrator. Vide notification dated 09.07.2008, Government of Himachal Pradesh, ordered creation/upgradation of 74 posts for IMGC & Hospital, Shimla. Vide afore notification, post of Hospital Administrator was upgraded to that of Hospital Administrative Officer (Annexure P-18). True it is that earlier post of Hospital Administrator belonged to the ministerial cadre, but while ordering upgradation of afore post to Hospital Administrative Officer, it specifically came to be clarified that upgraded post would be held by GDO Cadre doctor. Meaning thereby, vide notification dated 09.07.2008, post of Hospital Administrator was upgraded to that of Hospital Administrative Officer and such post could only held by GDO Cadre doctor. There can be another consequence of the issuance of afore notification as far as upgradation of post of Hospital Administrator to that of Hospital Administrative Officer is that post of Hospital Administrator had ceased to exist and thereafter, only post of Hospital Administrative Officer was available, which could be filled up amongst GDO Cadre doctor. After upgradation of afore post from Hospital Administrator to Hospital Administrative Officer inasmuch as two doctors namely Dr. Reena Thakur and Dr. Anjali Chauhan, came to be appointed as Hospital Administrative Officer for more than period three years and thereafter, petitioner remained posted in afore post for more than three years. Since at the time of promulgation of Himachal Pradesh Medical Education Service (10 th Amendment) Rules, 2018, post of Hospital Administrator stood upgraded to the post of Hospital Administrative Officer, it does not lie in the mouth of respondents to claim that only person having worked against the post of Hospital Administrator for three years could apply for the post of Assistant Professor in the Department of Hospital Administration in the concerned college. Otherwise also, aforesaid arguments advanced at the behest of respondents cannot be accepted for the reason that earlier post of Hospital Administrator was filled up from the existing ministerial cadre, who otherwise in no eventuality could have ever applied for the post of Assistant Professor in the Department of Hospital Administration. It is only after upgradation of post of Hospital Administrator to the post of Hospital Administrative Officer, which could only be held by GDO Cadre doctor, person having occupied aforesaid post for three years could apply for the post of Assistant Professor in the Department of Hospital Administration. Moreover, having perused amended Rules, this Court is persuaded to agree with Mr. Sunil Mohan Goel, learned Senior Counsel representing the petitioner that intent of legislation, while amending such Rules, was to give benefit to person having knowledge in the Hospital Administration. Since petitioner herein, after upgradation of the post of Hospital Administrator to Hospital Administrative Officer, worked against said post for more than three years, which fact stands substantiated with a placing of number of documents suggestive of the fact that petitioner had been working as Hospital Administrator, respondents cannot be permitted to claim that post of Hospital Administrator is not equivalent to Hospital Administrative Officer. At the cost of repetition, it is noticed that once post of Hospital Administrator stood abolished with the issuance of notification 15.10.2018, there was no occasion, if any, for the Government to provide for experience as Hospital Administrator, especially when, post of Hospital Administrator before its upgradation to the post of Hospital Administrative Officer, was being occupied by the Ministerial Staff. It is only after upgradation of the post of Hospital Administrator, coupled with the fact that post of Hospital Administrative Officer could only be filled up by amongst GDO, Rules came to be amended, thereby granting benefit of experience to the person holding the post of Hospital Administrative/Deputy Medical Superintendent after Post Graduation Degree. 20. Careful perusal of reply filed by respondents No. 1 to 3 itself suggests that though at relevant time petitioner was the only eligible candidate to be considered against the post of Assistant Professor, but yet on very flimsy grounds, his candidature was not considered. Admittedly, prior to recommendation of the name of the petitioner for the post of Assistant Professor by Director, Health Services, similarly situate persons namely Dr. Rahul Rao and Dr. Admittedly, prior to recommendation of the name of the petitioner for the post of Assistant Professor by Director, Health Services, similarly situate persons namely Dr. Rahul Rao and Dr. Vikrant Kanwar, who had no teaching experience, but they had served against the post of Deputy Medical Superintendent and Hospital Administrative Officer in their respective colleges, were appointed against the post of Assistant Professor in the Department of Hospital Administration in their respective colleges. If it is so, no discrimination otherwise could be meted to the petitioner, who after his having done Post Graduation, served the IGMC and Hospital, Shimla, for more than three years as Hospital Administrative Officer. 21. Admittedly, respondent No. 4 Dr. Anant Ram was not eligible to be considered for the post of Assistant Professor on 22.11.2022. With the issuance of letter dated 23.04.2022 (Annexure P-6) process for filling up the post of Assistant Professor in the department concerned was initiated from the office of Principal Secretary (Health), Government of Himachal Pradesh, respondent No. 4 completed his Senior Residency on 17.11.2023. If it is so, there appears to be merit in the contention of Mr. Sunil Mohan Goel, learned Senior Counsel representing the petitioner, that respondent No. 4 could not have been considered by the DPC for appointment to the post of Assistant Professor in the concerned department against the vacancy, which had actually become available in the year 2022. 22. Though at this stage, Mr. Rajan Kahol, learned Additional Advocate General, vehemently argued that since on account of non- availability of eligible candidate for the post of Assistant Professor could not be filled up in year 2022, no illegality can be said to have been committed by the DPC, while recommending the name of respondent No. 4 , but this Court is not persuaded to agree with Mr. Kahol, for the reason that petitioner was very much eligible to be considered against the post of Assistant Professor in year 2022 itself. Since it has already been held by this Court in earlier part of the judgment that petitioner was required to be given benefit of services rendered by him in the capacity of Hospital Administrator, while considering his candidature for the post of Assistant Professor in the department concerned, there was no occasion, if any, for the respondents to delay the meeting of DPC. As has been taken note hereinabove, despite there being repeated clarifications issued by the Director, Health Services, office of Principal Secretary (Health), Government of Himachal Pradesh, purposely delayed the meeting of DPC to ensure ouster of the petitioner and inclusion of respondent No. 4, who admittedly was not eligible for promotion to the post of Assistant Professor against vacancy, which had become available in the year 2022. At this stage, it would be apt to take note of para 16.7 and 16.29 of the Handbook on Personnel Matters, wherein schedule has been prescribed for holding meeting of DPC. “16.29 Cases where the DPC could not be held any year even though some vacancies arose during that year (a) Preparation of year-wise select lists It has been decided that where the DPC could not be held in any year even though some vacancies arose during that year, the DPC that meets thereafter should follow the following procedure:- (i) Determine the actual number of regular vacancies that arose in each of the previous year /years immediately preceding and the actual number of regular vacancies proposed to be filled in the current year separately. (ii) Consider in respect of each year those officers only who would be within the field of choice with reference to the vacancies of each year starting with the earliest year onwards. (iii) Prepare a consolidated select list separately for each of the years starting with the earliest year onwards including the names of officers of reserved categories. (iv) Prepare a consolidated select list by placing the select list of the earlier year above the one for the next and so on. 23. Afore instructions clearly reveal that meeting of DPC should be held during the month of April-May and in such meeting, all the existing and anticipated vacancies should be taken into consideration. Since in the instant case, post of Assistant Professor had become available in the first quarter of year 2022, it was incumbent upon the department to hold DPC in first quarter itself. Respondent No. 4 initiated the process of DPC for the post of Assistant Professor in the department concerned vide letter dated 23.04.2022 (Annexure P-6). Vide communication dated 31.08.2022, Director, Health Services, furnished the information alongwith proforma for service particulars, but yet for no cogent and convincing reason, meeting of DPC was not convened. Respondent No. 4 initiated the process of DPC for the post of Assistant Professor in the department concerned vide letter dated 23.04.2022 (Annexure P-6). Vide communication dated 31.08.2022, Director, Health Services, furnished the information alongwith proforma for service particulars, but yet for no cogent and convincing reason, meeting of DPC was not convened. In Para 16.29 of Handbook on Personnel Matters, procedure has been prescribed where the DPC could not be held in any year even though some vacancies arose during that year. In such like situation, firstly preparation of year-wise select lists is to be made and then DPC determine actual number of regular vacancies that arose in each of the previous year/years immediately preceding and the actual number of regular vacancies proposed to be filled in the current year separately. After preparation of aforesaid year-wise list, DPC is to consider the vacancy of each year and only those officers, who at relevant were within the field of choice for the respective year's vacancy, are to be considered. 24. Admittedly, in the case at hand, petitioner on account of his having occupied the post of Hospital Administrative Officer was required to be considered for appointment against the post of Assistant Professor in the Hospital concerned. If it is so, there was no occasion, if any, for the respondents to delay the DPC and then subsequently recommend the name of respondent No. 4, who was not eligible for appointment against the post of Assistant Professor in the year 2022. Respondent No. 4, after his having completed Senior Residency in December, 2023, became eligible in November, 2023 itself and before afore date, he could not be considered. 25. Though, at this stage, Mr. Dilip Sharma, learned Senior Counsel representing respondent No. 4, submitted that respondent No. 4 has already filed separate writ petition, laying therein challenge to Amendment of Rules in 2018, but such fact may not be of much consequence for the reason that Rules of 2018 are still in vogue. 25. Though, at this stage, Mr. Dilip Sharma, learned Senior Counsel representing respondent No. 4, submitted that respondent No. 4 has already filed separate writ petition, laying therein challenge to Amendment of Rules in 2018, but such fact may not be of much consequence for the reason that Rules of 2018 are still in vogue. Moreover, no order has been passed by Hon’ble Division Bench of this Court in afore case, thereby restraining this Court from passing any order in the instant proceedings, rather learned counsel representing the parties have fairly stated that factum with regard to pendency of the case at hand was brought to the notice of Division Bench, which, while adjourning the pending case for some other date, advised learned Senior Counsel for the petitioner to get the case at hand decided on its own merits. 26. Consequently, in view of above, this Court finds merit in the present petition and accordingly, the same is allowed. Impugned Minutes of Meeting of the DPC for the post of Assistant Professor (Hospital Administration) SLBSGMC, Ner Chowk, District Mandi, dated 14.03.2024 (Annexure P-18), thereby recommending the name of respondent No. 4 are quashed and petitioner herein is held entitled to be considered for promotion against the post of Assistant Professor in the Department of Hospital Administration in the college, as detailed hereinabove, on account of his having served as Hospital Administrative Officer for more than three years. Respondents are further directed to fill up the vacancy by convening DPC strictly as per the R&P Rules, para 16.29 of Handbook on Personnel Matters Volume-I and as per the law laid by Hon’ble Apex Court in A.K. Kaul & Anr. v. Union of India & Anr., 1995 (4) SCC 246 . Since petitioner has been fighting for his rightful claim for quite long, this Court hopes and trusts that needful in terms of instant judgment shall be done expeditiously, preferably within a period of two months from today. Pending applications, if any, stand disposed of.