Judgement

BACHAWAT, J. :- This appeal raises a question of the validity of the last part of Rule 9 (2) of the Mysore Recruitment of Gazetted Probationers Rules 1959 framed by the Governor of Mysore in exercise of his powers under the proviso to Article 309 of the Constitution. The Rules came into force on September 11, 1959. Rule 3 requires that for a period of five years, two-thirds of the number of vacancies as determined by the Government arising in the cadres in the State Civil Services specified in the schedule shall be filled by recruitment of candidates selected under the Rules. The schedule lists two Class I and twelve Class II cadres. The two Class I cadres are those of (1) Assistant Commissioner in the Mysore Administrative Service and (2) Assistant Controllers in the Mysore State Accounts Service. Both cadres are in the pay scale of Rs. 300-25-500-50-30-700. Rule 4 provides that the recruitments shall be made on the basis of the results of written and viva voce examinations conducted annually by the Public Service Commission. Rules 5, 6 and 7 prescribe the age limit, the academic qualifications of candidates and the minimum pass marks. Rules 8 and 9 are in these terms :

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