Right to be considered for promotion is an enforceable legal right despite lack of a statutory right to promotion.

The Respondents were appointed as Medical Officers (Class-III) by the Gujarat Panchayat Services Selection Board between 1978 and 1980

Under the Gujarat Medical Service Class II Recruitment Rules 1977, they were eligible for promotion to Class-II posts upon completing 5 years of service

Despite completing the eligibility period by 1983–1985, the State did not consider them for promotion, instead recruiting 400 Allopathic doctors directly between 1983 and 1993

After the Gujarat Services Tribunal dismissed their appeal for lack of jurisdiction, the Respondents filed a writ petition. A Single Judge directed the State to grant them a deemed date of promotion from the date of eligibility with consequential benefits

The State appealed, arguing that promotion is a discretionary matter, not a right, and that the Respondents (Ayurvedic doctors) lacked MBBS degrees

1. Whether the State's failure to consider eligible Class-III Medical Officers for promotion despite the existence of vacancies constituted a violation of their legal rights

2. Whether the Respondents, as Ayurvedic doctors, possessed the requisite educational qualifications for promotion to Medical Officer Class-II under the Recruitment Rules

The Court applied the principle that while there is no fundamental right to promotion, the right to be considered for promotion is a legal right enforceable by law

Gujarat Medical Service Class II Recruitment Rules 1977, which prescribe three alternative eligibility criteria for promotion: (i) an MBBS degree, (ii) registerable qualifications under the Indian Medical Council Act, or (iii) qualifications specified in Parts C and D of the Schedule to the Gujarat Medical Practitioners Act 1963

Section 17 of the Gujarat Medical Practitioners Act 1963, which qualifies Ayurvedic practitioners with specific certifications for registration

The Court reasoned that the Respondents became eligible for promotion upon completing 5 years of service (1983 for Respondents 1-4; 1985 for Respondent 5)

While the State argued promotion is discretionary, the Court found that the recruitment of 400 direct recruits between 1983 and 1993 proved the existence of clear vacancies

By resorting only to direct recruitment and ignoring eligible internal candidates, the State "impliedly denied" the Respondents' right to be considered

Regarding qualifications, the Court rejected the State's "MBBS-only" argument, noting that the 1977 Rules specifically include Ayurvedic qualifications listed in Parts C and D of the Schedule to the Gujarat Medical Practitioners Act 1963 as valid for Class-II posts

Since the Respondents were already registered practitioners in Class-III, they met the statutory educational requirements for Class-II

While they were denied back-wages for the period prior to filing the writ, the Court directed the State to pay arrears from the date the Special Civil Application was filed

The holding confirms that the State cannot bypass eligible promotional candidates when vacancies exist by relying solely on direct recruitment