A bench comprising Administrative Member Attar Singh and Judicial Member Narinder Thakur while upholding the appointment asked the state to frame rules for making a regular appointment of director within four months.

Sharma who is a joint director in the department, had questioned the induction of an IAS officer as director. He contended that the department had drafted rules for recruitment and promotion to the post of director under which he was the only person eligible for appointment.

He also alleged mala fide against the State government. His counsel K D Shridhar contended that Sharma had a right to be considered for promotion under the said rules.

Additional AG Rajindra Kishore Sharma countered the plea and argued that the rules were yet to be discussed and passed by the Cabinet and as such had no binding force. He pointed out that there was no presumption of the rules being approved in their present form. Moreover, the petitioner was holding only an additional charge of director, it was added.