Judgment:

GAJENDRAGADKAR , J. : These two petitions have been filed by Ilindra Bhaskaracharyulu Gupta and J. Pandurangarao respectively under Art. 32 of the Constitution and in substance, they challenge the validity of one of the rules framed by the Governor of Andhra in exercise of the powers conferred on him by Art. 234 and the proviso to Art. 309 in respect of the Andhra Judicial Service. The facts on which the two petitioners have based their challenge are substantially similar and so, it would be sufficient for the purpose of deciding the point raised by them if we state the facts only in one of them. We will accordingly state the facts in petition No. 355 of 1961. Our conclusion on the merits of the point raised by this petition will govern the decision of the other petition No. 1 of 1962.

2. The petitioner J. Pandurangarao belongs to a family which has been settled in the district of Guntur in Andhra Pradesh for several generations past. The petitioner himself was born, brought up and educated in the said district. He passed his B. A examination from the Andhra Christian College at Guntur in 1950 Thereafter, he took his LL.B. Degree from the Nagpur University in 1952 and in 19