IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1274 of 2009. Date of decision: 29.5.2009 ________________________________________________________ Dr.Sonia Rana …. Petitioner Versus State of H.P. & Ors. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice V.K.Ahuja, J. Whether approved for reporting ? No For the petitioner: Mr.Ajay Sharma, Advocate For the respondents: Shri R.K.Bawa, Advocate General with S/Sh.R.M.Bisht and Rajesh Mandhotra, Dy.Advocate Generals for the respondents No.1 and 2 . Mr.D.K.Khanna, Advocate for respondent No.3. _____________________________________________________ Deepak Gupta, J.(Oral) The petitioner by means of this writ petition has prayed that a writ of Certiorari be issued quashing the requisition Annexure P/1 issued by the H.P Public Service Commission whereby 12 posts of Medical Officer (Dental) are sought to be filled up through competitive test by the Public Service Commission. It has also been prayed that a 2 writ of Mandamus be issued directing the respondents to fill up 50% of the posts of Medical Officer (Dental) on batch wise basis. The petitioner relies on a Notification dated 10th September, 2009 which has been published in the Rajpatra whereby the State of Himachal Pradesh has inserted item No.13 in the Himachal Pradesh Public Service Commission (Exemption from Consultation) (26th Amendment) Regulations, 2008. Sh.Ajay Sharma, learned counsel for the petitioners submits that a reading of Annexures P/2 and P/3 clearly indicates that the State has taken a decision to fill up 50% posts in the Health Department on batch wise basis. He accordingly submits that when the posts are to be filled up, at least 50% of the posts should be filled in without making reference to the Public Service Commission only on the basis of the batch in which the candidate has passed the examination. We are not at all in agreement with this submission. Till date the Recruitment and Promotion Rules for the post of Medical Officer (Dental) have not been amended. These rules still provide that the recruitment has to be made on competitive basis through the Public Service Commission. Annexure P/3 will come into 3 operation in respect of the categories mentioned therein only after the Recruitment and Promotion Rules are amended. Annexures P/2 and P/3 are only enabling provisions but the basic right of the parties are governed by the Recruitment and Promotion Rules which do not have any provision for selection on batch wise basis. Therefore, there is no merit in the petition which is accordingly rejected. CMP Nos.2318 and 2963 of 2009 In view of the orders passed in the writ petition, the applications are disposed of accordingly. ( Deepak Gupta ) Judge May 29, 2009 (V.K.Ahuja) (m) Judge