ORDER

Leave granted.

2. This appeal by special leave arises from the judgment of the Division Bench of the Rajasthan High Court, Jaipur Bench, made on August 30, 1996 in writ Petition No.3759/95.

3. The admitted position is that for nine vacancies existing and anticipated as on April 1, 1995, the Departmental Promotion Committee (for short, the "DPC") was convened on April 13, 1995 and it selected nine candidates including respondent Nos. 12 and 13, viz., B.S. Bhatnagar and H.L. Meena (ST) respectively. The other respondents filed the writ petition in the High Court impugning their appointments based on Rule 24-A of the Rajasthan Service of Engineers (Building and Roads Branch) Rules, 1954 (as amended) (for short, the Rules ). The only question is : whether the appointment of the said respondents, viz., B.S. Bhatnagar and H.L. Meena, is made in accordance with the Rules.

4. Shri Aruneshwar Gupta, learned counsel appearing for the State, contends that under Rule 9 of the Rules, subject to the provisions therein, the appointing authority shall determine as on the first day of the financial year, i.e., commencing from 1st April of ensuing year and ending with 31st March of successive yea