Judgment

SIKRI, J.: These appeals, by special leave, are directed against the judgment of the High Court of Mysore at Bangalore in 16 Writ Petitions filed before it, quashing the notification of the Government bearing No. P. W. 10 SAG 59, dated October 31, 1961 and the appointments made thereunder of 88 Assistant Engineers in the Public Works Department of the State Government.

2. To appreciate the arguments addressed to us on behalf of the appellants and the respondents, it is necessary to give, in chronological order, the events leading up to the filing of the above writ petitions and their significance On December 12, 1957, the Governor of Mysore made rules called the Mysore Public Service Commission (Functions) Rules, 1957. hereinafter called the Functions Rules, relating to the functions of the Mysore Public Service Commission. Rule 3 of these rules provides for recruitment by examination and R. 4 with which we are primarily concerned provides for recruitment by selection. Rule 4 is as follows:

"When recruitment to a service or post is to be made by selection, and consultation with the Commission is required the Commission shall-

(1) advise the Government in regard to the conditio