JUDGMENT : Sandeep Sharma, J. Since the issue raised in these petitions pertains to filling up of one post of Lecturer in the Department of Conservative Dentistry and Endodontics, as such, same were tagged and heard together and are being disposed of vide this common order. However, for the sake of clarity of facts, facts of each case are discussed below. CWP No. 677 of 2023 2. The petitioner-Dr. Rajesh Thakur, in this petition was appointed as Medical Officer (Dental) in 1997. He completed MDS in Conservative Dentistry and Endodontics in 2018 and therefore became eligible for being posted as Lecturer. Being aggrieved by letter dated 5.11.2022, he preferred re- presentation dated 2.12.2022, thereby objecting to method of filling up post of Lecturer by way of promotion. 3. The petitioner is aggrieved by issuance of letter dated 5.11.2022, whereby service particulars of eligible and willing candidates with effect from 2010 onwards has been called for. Petitioner claims that the vacancy proposed to be filled does not pertain to 2010, rather 2022 and he is senior most GDO. Feeling aggrieved, petitioner has approached this court by way of present petition, seeking following reliefs: “a) That this Hon'ble Court may be pleased to issue writ of certiorari quashing the letter dated 5.11.2022 (Annexure P-12) issued by respondent No.1 to respondent No.2 calling upon the respondent No.2 to furnish the service particulars of eligible and willing candidate year-wise w.e.f. 2010 onwards and seriatim of candidates be mentioned as per year-wise eligibility. b) 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 as per the past practice and seniority of the Medical Officer (Dental) in the Department of Dental Health Services.” CWP No. 1587 of 2023 4. This petition has been filed by petitioner Dr. Neha Sharma. She completed BDS in 2007 and MDS in Conservative Dentistry in May, 2012 and was appointed as Medical Officer (Dental) under RKS at CHC Dharampur. Pursuant to post of Lecturer advertised, petitioner appeared in written test and was recommended and appointed as Lecturer on tenure basis on 22.7.2013 and since then is performing duties of Lecturer. Her services stand regularized as Medical Officer (Dental) on 15.7.2017, but she is continuing as Lecturer. Pursuant to post of Lecturer advertised, petitioner appeared in written test and was recommended and appointed as Lecturer on tenure basis on 22.7.2013 and since then is performing duties of Lecturer. Her services stand regularized as Medical Officer (Dental) on 15.7.2017, but she is continuing as Lecturer. It is worth mentioning here that petitioner filed an Original Application before the erstwhile Himachal Pradesh Administrative Tribunal, seeking her regularization as Lecturer, which was transferred to this Court and re-registered as CWPOA No. 2548 of 2020, which was decided on 1.9.2022. Pursuant to communication dated 5.11.2022 (Annexure P-6), name of petitioner Neha Sharma was sent at Sr. No. 17 of communication dated 15.12.2022 (Annexure P-7), but since now vide communication dated 11.1.2023 (Annexure P-8), service particulars of only five persons, sans Dr. Neha Sharma, were called, she filed present writ petition, for quashing of letter dated 11.1.2023,, and to show her seniority in Annexure P-7 from 2015, instead of 2017, seeking following reliefs: “(i) Issue a writ in the nature of certiorari directing the respondents to quash and set aside annexure P-7, dated 15.12.2022, to the extent, whereby it shows the petitioner to have acquired the eligibility in the year 2017 with further directions to the respondents to show the petitioner having become eligible in the year 2015, in the interest of justice. (ii) That appropriate writ, order or direction may kindly be issued and order dated 11.1.2023, Annexure P-8, may very kindly be quashed and set aside as the same excludes the name of the petitioner despite the petitioner being fully eligible for promotion to the post of Lecturer. (iii) That a writ in the nature of mandamus may kindly be issued directing the respondents to consider the name of the petitioner for promotion to the post of Lecturer, Department of Conservative Dentistry and Endodontics by treating to have become eligible in the year 2015 in furtherance of the Recruitment and Promotion Rules and, in any case, in the alternative, since even as per respondents, the petitioner has become eligible ahead of all others as shown in annexure P-7, therefore, may be first considered for promotion on account of her gaining the eligibility.” CWP No. 5988 of 2023 5. Present writ petition has been filed by petitioner Dr. Sanjeev Chau- han, whose name was sent vide letter dated 15.12.2022 (Annexure P-7) at Sr. Present writ petition has been filed by petitioner Dr. Sanjeev Chau- han, whose name was sent vide letter dated 15.12.2022 (Annexure P-7) at Sr. No. 4, showing him to be designated Lecturer on 11.1.2007 and year of eligibility as ‘2017.’ His name was also forwarded vide letter dated 11.1.2023 at Sr. No. 3, but since vide letter dated 9.8.2023, communication dated 5.11.2022 was withdrawn, he has filed the present petition, seeking following reliefs: “(i) That the impugned order dated 9.8.2023, Annexure P-26, withdrawing the letter dated 5.11.2022, annexure P-13, may kindly be quashed and set aside. (ii) That the respondent department may be directed to complete the process initiated vide Annexure P-13 dated 5.11.2022 for filling up the post of Lecturer in Conservative Dentistry and Endodontics in HP Government Dental College, Shimla and complete the process for promotion on the basis of year-wise eligibility as per instructions governing the field (sic: filed) within a time bound manner, with all consequential benefits. (iii) That if during the pendency of writ petition any further action is taken on the basis of impugned order, Annexure P-26 dated 9.8.2023, in that event such action may also be quashed and set aside with a direction to hold DPC for the post in question as per Annexure P-13 dated 5.11.2022 and instructions governing the field and the respondent department may be directed to consider the petitioner for promotion from the date any other candidate is considered in violation of the letter dated 5.11.2022, with all consequential benefits.” Common facts 6. Since the controversy pertains to the post of Lecturer in the Department of Conservative Dentistry and Endodontics, in Himachal Pradesh Government Dental College, it would be relevant to take note of various developments pertaining to the post in question. 7. On 21.12.2006, Himachal Pradesh Medical Education (Dental) Service Rules, 2006 were notified for various teaching posts in Dental Education, which also governed recruitment of Lecturers and provided for regular appointment. Thereafter, on 21.7.2009, a policy for selection of Lecturers in Government Dental College under Department of Medical Education and Research, was notified and rules of 2009 were scrapped. In 2011, posts of Lecturer in Periodontics were advertised to be filled up on tenure basis and case was filed by Dr. Suneet Karol and Dr. Thereafter, on 21.7.2009, a policy for selection of Lecturers in Government Dental College under Department of Medical Education and Research, was notified and rules of 2009 were scrapped. In 2011, posts of Lecturer in Periodontics were advertised to be filled up on tenure basis and case was filed by Dr. Suneet Karol and Dr. Nisha Thakur laying challenge to advertisement dated 21.10.2011, claiming that instead of filling posts on tenure basis, same ought to be filled up from amongst GDOs. The writ petition was dismissed on 22.12.2011 and SLP(C) No. 3657/2012 was filed be- fore Hon'ble Supreme Court, An affidavit was filed by Principal Secretary (Health) before Hon'ble Supreme Court proposing to rescind policy dated 21.7.2009, and to make appointments as per Rules, 2009. On 6.12.2013, Hon'ble Supreme Court passed order thereby directing the State to initiate process of regular recruitment. In 2012, petitioner Dr. Neha Sharma was appointed as Medical Officer (Dental) and on 25.4.2013, petitioner Dr. Sanjeev Chauhan was regularized. On 22.7.2013, Dr. Neha Sharma was ap- pointed as Lecturer under tenure policy . During 2015-16, communications were exchanged inter se Department and the Public Service Commission, regarding filling up one post of Lecturer, which was tossed in-between two bodies, on account of fact that Recruitment and Promotion Rules were not amended and the Commission was not ready to advertise the post without first amending the Recruitment and Promotion Rules. 8. On 15.7.2017, Dr. Neha Sharma was regularized as Medical Officer (Dental) and on 27.7.2017/28.7.2017 result of MDS qua Dr. Sanjeev Chauhan was declared. In the interregnum, Dr. Neha Sharma, filed OA No. 3730 of 2017, seeking her regularization on the post of Lecturer, in which interim direction was issued on 3.8.2017, on the strength of which, Dr. Neha Sharma is still continuing on the post of Lecturer. CWPOA No. 2548 of 2020 was dismissed on 1.9.2022. Thereafter the process for filling up post of Lecturer in Department of Conservative Dentistry and Endodontics was initiated. On 5.11.2022, service particulars of eligible candidates were called, against which Petitioner Dr. Rajesh Thakur, filed CWP No. 677 of 2023, claiming that he was senior most and the post should be filled up by way of DPC. Thereafter, vide communication dated 15.12.2022, service particulars of five persons were sent and vide communication dated 11.1.2023, service particulars of five persons were called, in which name of Dr. Rajesh Thakur, filed CWP No. 677 of 2023, claiming that he was senior most and the post should be filled up by way of DPC. Thereafter, vide communication dated 15.12.2022, service particulars of five persons were sent and vide communication dated 11.1.2023, service particulars of five persons were called, in which name of Dr. Neha Sharma was not included, which resulted into filing of CWP No. 1587 of 2023. Thereafter, vide letter dated 11.8.2023, letter dated 5.11.2022 was withdrawn, against which Dr. Sanjeev Chauhan, has filed CWP no. 5988 of 2023. 9. Before proceeding to decide the controversy at hand, it would be apt to take note of the facts germane to the decision of present case that initially the Himachal Pradesh Medical Education (Dental) Services Rules, 2006 were notified vide Notification dated 21.12.2006, wherein for the post of Lecturer following criteria was given under column No.10 and 11: 10 11 Method of recruitment In case of Recruitment by promotion/ deputation/ transfer, grade from which promotion/ deputation/ transfer is to be made. (i) 50% by appointment (by selection) failing which by direct recruitment or on contract basis in the manner specified in column No.11-A (ii) 50% by direct recruitment or on contract basis in the manner specified in column No. 11-A By appointment (by selection) from amongst the members of the Himachal Pradesh Civil Medical Service (Dental) having the essential qualification as prescribed against column No.8 and also possessing three years regular or regular combined with continuous adhoc service, if any in the grade. 10. Clauses 8 and 9 of aforesaid Rules, provide as under: “8. Special provision of reservation of posts for Scheduled Castes/Tribes released Indian armed Forces Personnel and Backward Classes: The appointment to the service, shall be subject to the orders regarding reservation in the service for Scheduled Casts/ Scheduled Tribes, Backward Classes/ Other categories of persons issued by the H.P. Government from time to time. 9. Appointment by Promotion:- Appointment to the service under rule-7 shall be made by the appointing authority on the recommendations of the Departmental Promotion Committee, constituted by the Government from time to time or on the recommendations of the H.P. Public Service Commission as the case may be.’ 11. Thereafter, vide Notification dated 21.7.2009, Governor, Himachal Pradesh was pleased to notify the “Policy for Selection of Lecturers in the H.P. Government Dental College, Shimla”. Thereafter, vide Notification dated 21.7.2009, Governor, Himachal Pradesh was pleased to notify the “Policy for Selection of Lecturers in the H.P. Government Dental College, Shimla”. While notifying said policy Recruitment and Promotion Rules for Lecturer (Dental) notified vide Notification dated 21.12.2006 were scrapped with immediate effect, with the rider that incumbents already working on regular basis will continue to be governed by the service conditions under which they were appointed. 12. CWP No. 9338/2011 was filed by Dr. Suneet Karol and Dr. Nisha Thakur, against the advertisement dated 21.10.2011, whereby two posts of Lecturers were sought to be filled up on tenure basis. The claim of petitioners supra was that three posts were to be filled up in total, two from GDO’s and one by way of direct recruitment. Reference was made by respondent- State to Paras 7.1 and 7.2 of Notification dated 21.7.2009 to state that 75% vacancies are to be filled up from amongst GDOs and 25% by direct recruitment. Ultimately, the writ petition was dismissed on 22.12.2011. 13. Aforesaid decision was laid challenge in the Hon'ble Apex Court by way of Special Leave to Appeal (Civil) No. 3657 of 2012, in which an affidavit was filed by the State of Himachal Pradesh, giving following proposal: “(a) Notification dated 21-07-09, existing policy for selection of lecturers (on tenure basis) be rescinded. (b) The tenure basis lecturers be given 30-09-13 as the cut of date for termination of their appointments. (c) Further appointments will be made strictly as per R& P Rules already notified in the year 2006.” 14. Thereafter, an order was passed on 6.12.2013 by Hon'ble Apex Court, directing the State to initiate process for regular selection. It seems that the Health Department sent requisition to the Public Service Commission to advertise the post of Lecturer, but the Public Service Commission insisted upon first amending the Rules. 15. After dismissal of petition filed by Dr. Neha Sharma, Principal Secretary (Health), sent a letter dated 5.11.2022 to the Director, Dental Health Services, Himachal Pradesh, observing that one post of Lecturer pertaining to the year 2010 was required to be filled up by promotion from amongst the eligible Medical Officers (Dental Specialists) and said authority requisitioned service particulars of eligible and willing candidates, year wise, with effect from 2010 onwards. 16. Against issuance of letter dated 5.11.2022, first petition came to be filed by Dr. 16. Against issuance of letter dated 5.11.2022, first petition came to be filed by Dr. Rajesh Thakur, seeking quashment thereof and a direction to fill up the vacancy by way of promotion as per Recruitment and Promotion Rules and past practice. Before this, he also filed a representation to Principal Secretary (Health) on 2.12.2022. 17. Pursuant to letter dated 5.11.2022, Director, Dental Health Services sent names of 21 candidates vide communication dated 15.12.2022, including petitioners viz. Dr. Rajesh Thakur, at Sr. no. 2, with year of eligibility as 2018, Dr. Sanjeev Chauhan, at Sr. no. 4, with year of eligibility as 2017 and Dr. Neha Sharma at Sr. No. 17, with year of eligibility as 2017. Thereafter, vide letter dated 11.1.2023, Principal Secretary sought service particulars of five candidates, alongwith their willingness, in which name of Dr. Neha Sharma was missing, whereas, name of other two petitioners were intact. 18. At this juncture, Dr. Neha Sharma, filed petition, laying challenge to communication dated 15.12.2022 and to show her eligibility year as ‘2015’ and also to quash and set aside communication dated 11.1.2023. 19. Thereafter, a communication dated 11.8.2023 came to be placed on record in third writ petition, addressed to the office of learned Advocate General, giving reference to communication dated 9.8.2023, whereby communication dated 5.11.2022 was withdrawn, thereby stalling the entire selection process. 20. Now, third writ petition came to be filed on behalf of petitioner Dr. Sanjeev Chauhan, seeking quashment of communication dated 9.8.2023 and to hold Departmental Promotion Committee for the post in terms of communication dated 5.11.2022. In reply to CWP No. 5988 of 2023, respondents stated that one post of Lecturer under SC Category was requisitioned to Public Service Commission. It would be relevant to take note of para-6 of preliminary submissions of reply filed by respondents Nos. In reply to CWP No. 5988 of 2023, respondents stated that one post of Lecturer under SC Category was requisitioned to Public Service Commission. It would be relevant to take note of para-6 of preliminary submissions of reply filed by respondents Nos. 1 to 3: “That, it is humbly submitted that the replying respondents for filling up the posts of Lecturers in the Department of Conservative Dentistry and Endodontics at HPGDC Shimla, on the basis of observation of H.P. Public Service Commission dated 02-01-2015, 05-07-2016, 04-12-2023 and 16- 12-2023 are annexed as (Annexure R-II Colly) has decided amend/update R&P Rules for the post of Lecturers and in advertence of the respondent Department as regards inviting options for filling up the posts of Lecturers in the Department of Conservative Dentistry and Endodontics at HPGDC Shimla is of no consequence as on detection of the factual position in the matter that the post is already requisitioned to H.P. Public Service Commission for filling up through Direct Recruitment the options vide letter dated 09-08-2023 (Annexure R-III) stood withdrawn as two set of different processes (sic: ‘processors’) cannot be adopted simultaneously to fill up the post as per the provisions of the R&P Rules for the post of Lecturers, Department of Conservative Dentistry and Endodontics (sic: Edodontics) at HPGDC Shimla, has been sought vide letter dated 18-01- 2024 ” 21. Grievance of petitioner Dr. Rajesh Thakur is that he is senior most Medical Officer and the respondents should fill up the post as per Recruitment and Promotion Rules, by way of promotion from amongst the eligible candidates. 22. Case of the petitioner Dr. Neha Sharma is that she had acquired eligibility for promotion to the post of Lecturer in 2015 and not in 2017, since her contractual service is liable to be treated at par with ad hoc service and thus, she claims that year of eligibility qua her be shown as ‘2015’ and further her name be included in communication dated 11.1.2023. 23. So far grievance of both the above petitioners is concerned, same has been rendered infructuous with the issuance of letter dated 9.8.2023, whereby letter dated 5.11.2022 has been withdrawn. 24. So far grievance of petitioner Dr. 23. So far grievance of both the above petitioners is concerned, same has been rendered infructuous with the issuance of letter dated 9.8.2023, whereby letter dated 5.11.2022 has been withdrawn. 24. So far grievance of petitioner Dr. Sanjeev Chauhan is concerned, he has sought quashment of letter dated 9.8.2023 and any proceedings taken pursuant thereto, praying that the respondents be directed to complete the selection process initiated with the issuance of letter dated 5.11.2022. 25. However, if stand of all the petitioners is seen, they claim that the post in question is to be filled up by way of promotion from amongst the eligible Medical Officers (Dental), whereas, stand of the respondents in their reply is that selection process vide letter dated 5.11.2022 was initiated inadvertently as the post was to be filled from SC category, by way of direct recruitment, for which process had been initiated in 2015, by sending requisition to Public Service Commission, which however, did not advertise the post on the ground that first Recruitment and Promotion Rules of the post are required to be amended. Reply filed by respondent-State reveals that no candidate was sponsored by Public Service Commission under SC category and now the matter was pending with the Government, for updation/amendment of Recruitment and Promotion Rules. 26. Before proceeding further, it would be relevant to take note of the fact that Rules of 2006 stood scrapped with the issuance of Tenure Policy in 2009, meaning thereby, there are no rules existing as on date and Hon'ble Apex Court has also directed respondents to fill up the posts of Lecturers on regular basis as per Recruitment and Promotion Rules, for which proposal in the shape of affidavit was submitted before Hon'ble Apex Court by the State in 2013 and thereafter, it also started correspondence with the Public Service Commission for filling up one post of Lecturer. 27. Now the question which arises before this Court is whether the post which was sought to be filled up vide communication dated 5.11.2022 is to be filled up by way of direct recruitment or by way of promotion and, if by way of promotion, under which, rules, same to be filled up. 28. 27. Now the question which arises before this Court is whether the post which was sought to be filled up vide communication dated 5.11.2022 is to be filled up by way of direct recruitment or by way of promotion and, if by way of promotion, under which, rules, same to be filled up. 28. Since the respondents have already stated that letter dated 5.11.2022 was issued due to inadvertence as already requisition was pending with the Public Service Commission, as such, on coming to know of this discrepancy, the respondents withdrew letter dated 5.11.2022, on 9.8.2023. Since it has been already held by this Court in CWPOA No. 2548 of 2020 that the post held by petitioner Neha Sharma on tenure basis, falls to the category of SC Category, which finding has not been set aside till date, as such, the same is to be filled in from candidate of SC Category. 29. Since the cause of action qua petitioners in CWP Nos. 677 and 1587 of 2023 stands extinguished with the issuance of letter dated 9.8.2023, proceedings qua them stand rendered infructuous. So far grouse of petitioner in CWP No. 5988 of 2023 is concerned, he cannot stake claim against the post meant for SC category candidate. 30. In view of above, all the writ petitions are dismissed. However, taking note of the fact that the post pertains to the year 2010 and Hon'ble Apex Court has already directed the respondent-State to start the selection process for filling up the post of Lecturer in 2013 and thereafter a considerable period has elapsed, respondent-State is directed to finalize the Recruitment and Promotion Rules for the post of Lecturer in the Department of Conservative Dentistry and Endodontics, by taking up matter with the Government, within four weeks. Thereafter, the selection process be initiated as per Rules and reservation roster applicable to the post. Pending applications in all the petitions stand disposed of. Interim directions, if any, in all the petitions also stand vacated.