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7. The further argument of Sri Vishen, learned counsel for the petitioners is that Regulations 62 and 65 of the Sanjay Gandhi Post Graduate Institute of Medical Sciences First Regulations, 2011 (hereinafter referred to as "Regulations"), pertain to appointment by promotion, for which the procedure as laid down in the CCS Rules as applicable at AIIMS, New Delhi, is to be followed, while in the instant case, it is a fresh recruitment which is being made by the SGPGI, and consequently, even if the criteria as is now sought to be adopted and the eligibility condition as is now being sought to be incorporated in the impugned advertisement is following the criteria as adopted by the AIIMS, New Delhi yet the said criteria cannot validly be followed by the SGPGI considering the aforesaid Regulations, and as such, in case the respondents are following the criteria as followed by the AIIMS for the post of OT Assistant by prescribing the aforesaid qualifications, the same cannot validly be done as the appointment for the post of OT Assistant is not to be made by promotion.

15. The further argument of Sri Tripathi, Advocate, is that obviously not everybody would be satisfied with the eligibility criteria, inasmuch as there has to be an aggrieved person or the other who may not be having whatever eligibility criteria that may be prescribed, but once the SGPGI is following the criteria as laid down by the AIIMS, i.e., the same standards for the purpose of recruitment, including the eligibility conditions as prescribed by the AIIMS so far as they pertain to the post of OT Assistant, consequently, even if some other criteria may be prescribed in other hospitals/institutions, the same will not and cannot be a ground for the SGPGI to follow some other criteria, more particularly when it is the criteria laid down by the Premier Institute of India, which is the AIIMS, New Delhi, which is being followed by the SGPGI.

16. In this regard, Sri Tripathi, Advocate, has also elaborated that the pay scale of the staff of the SGPGI is at par with the staff of the AIIMS, New Delhi, and thus it is only proper that the eligibility criteria as prescribed for various posts by the AIIMS, New Delhi, are also followed by the SGPGI.

17. So far as the previous advertisement is concerned, Sri Tripathi, Advocate, has argued that previously the AIIMS, New Delhi, had the said criteria, which now stands changed by the AIIMS, New Delhi, and the revised criteria of the AIIMS is now being followed by the SGPGI.

18. Sri Tripathi, learned counsel for the SGPGI also argues that the aforesaid reasons prevailed with the Governing Body while prescribing the criteria for the post of OT Assistant. As such, there is no legal infirmity in the impugned advertisement so far as it pertains to the post of OT Assistant and in the SGPGI having prescribed the said qualifications.

19. Heard the learned counsel for the parties and perused the record.

20. From the arguments as raised by the learned counsel appearing on behalf of the contesting parties and a perusal of records, it emerges that the petitioners, who are working on an outsourcing basis in the SGPGI as OT Assistants, are aggrieved by the advertisement dated 11.06.2025, so far as it pertains to the post of OT Assistant, by which an eligibility criterion has been prescribed, of which the petitioners are not possessed, and consequently are unable to apply for the said post.