ORDER

This appeal by special leave arises from the judgment of the Madhya Pradesh High Court, Jabalpur Bench, made on February 10, 1981 in Miscellaneous Petition No. 812/80. The appellants were working as Veterinary Assistant Surgeons in the Madhya Pradesh Veterinary Services Gazetted. The Madhya Pradesh Veterinary Services is governed by the rules called Madhya Pradesh Services (Gazetted) Recruitment Rules, 1966. The channel of recruitment to the post of Assistant Director Veterinary Service was from two sources, namely, direct recruitment and promotion in the proportion of one is to one. An advertisement came to be made by the Madhya Pradesh Public Service Commission of 28 posts of Assistant Directors. The appellants had challenged the validity of the Notification and selection on the ground that the Government had, by then decided, to provide recruitment to the post of Assistant Directors by promotion with 100% from the feeder cadre, namely, Veterinary Assistant Surgeon. It is found, as a fact, by the High Court that as on the date of the notification, the rules were not amended. Unamended Rules provide that the recruitment was to be made from two sources, namely, direct recruitm