JUDGMENT

The Government of Rajasthan, in exercise of the powers conferred by Sub Section (1) of Section 79 read with Section 26 of the Rajasthan Panchayat Samitis and Zila Parishad Act, 1959 (hereinafter referred to as the 1959 Act ) framed Rajasthan Panchayat Samiti (Selection of Vikas Adhikaris) Rules, 1968 (hereinafter referred to as the 1968 Rules ). These Rules inter alia dealt with recruitment and promotion etc. of Vikas Adhikaris. While these Rules were in force, having been framed under the Act, the Governor of Rajasthan, in exercise of his powers under Article 309 of the Constitution of India, framed Rajasthan Civil Services (Special Selection & Special Conditions of Service of Vikas Adhikaris) Rules, 1982 (hereinafter referred to as the 1982 Rules ).

2. Rule 18 of the 1982 Rules provided that all rules and orders in relation to matters covered by the 1982 rules and in force immediately before the commencement of the rules, would stand repealed, though any action taken thereunder or orders made thereunder were saved. The respondent questioned the vires of the 1982 Rules through a writ petition in the High Court of Rajasthan. The principal ground of challenge to the vires