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8. Learned counsel for the respondents, while opposing the aforesaid contentions of the learned counsel for the applicants, submits that the amended Recruitment Rules provide for recruitment to the post of Assistant in ICMR through: 60% promotion, comprising 25% DPC from UDCs with 10 years' service, failing which by LDCE, and failing both by direct recruitment; and 35% LDCE from UDCs with 5 years' service, failing which by deputation and failing both by direct recruitment; and 40% Direct Recruitment through competitive examination. He further submits that out of 78 sanctioned posts, 51 were vacant in 2024: 13 under 25% DPC quota, 18 under 35% LDCE quota, 20 under Direct Recruitment quota. The DPC recommended only two officials for promotion under 25% quota; 11 vacancies remained unfilled.

9. Learned counsel for the respondents submitted that the Applicants' request to divert unfilled DPC vacancies to LDCE is wholly misconceived because LDCE is a competitive and merit-based examination, not qualifying in nature. He submits that diverting DPC vacancies to LDCE will adversely affect future eligible UDCs, particularly those becoming eligible for LDCE 2025. He also submits that several representations were received opposing diversion, fearing long-term adverse career progression.

11. Learned counsel for the respondents submits that action taken by Respondents is strictly as per Rules. Both DPC and LDCE processes were conducted independently and simultaneously as per the notified quotas. 18 vacancies for LDCE were duly notified vide circular dated 01.10.2024. The Applicants were given equal opportunity to appear in LDCE.

12. Learned counsel for the respondents submits that the competent authority will decide on the unfilled DPC vacancies of 2024 and any fresh vacancies in 2025, so that all eligible candidates receive equal and fair opportunity.

13. Learned counsel for the respondents also submits that 38 UDCs were eligible for LDCE 2024. 5 additional UDCs will become eligible for LDCE 2025. Diverting DPC vacancies now would unfairly deprive these upcoming eligible candidates.

14. Learned counsel for the respondents submits that the Recruitment Rules do not create a vested right in candidates to demand diversion of unfilled vacancies from DPC to LDCE.

15. We have considered the rival submissions made by the learned counsel for the parties and perused the pleadings available on record.