Judgment

Rajendra Babu, J.-Leave granted.

2. Respondents filed writ petitions in the High Court of Jammu & Kashmir seeking quashing of the Rules published vide notification No. SRO : 328 dated November 22, 1992 to the extent it related to qualifi­cation bar in Class-A categories I & II and for further direction to fill up the posts on the basis of seniority irrespective of qualifica­tions. Respondent Nos. 1 and 2 were initially appointed as Rig-man which was later on re-designated as Boring-Mistry, Grade I and again re-designated as Drill Operator, Grade I in the year 1990. Respondent Nos. 3, 4 and 5 were working on the post of Drill Operator, Grade II. On November 22, 1990 Rules were promulgated under Section 124 of the Constitution of Jammu and Kashmir styled as “Jammu and Kashmir Geology and Mining (Subordinate) Service Recruitment Rules, 1990”. The Rules were to come into force from the date of their publication in the Government Gazette, which, it is said, was done on November 22, 1990. Under these Rules, the requisite qualification for promotion of a Drilling Assistant was prescribed as “matriculation” with five years service as Boring Mistry, Grade I or Drill Operaor, Grade I.