Judgment

PALEKAR, J. :- These three petitions under Article 32 are a sequel to the action taken by the State of Jammu & Kashmir in pursuance of the order passed by this Court in Makhanlal Waza v. State of Jammu & Kashmir, on 23-2-1971. In order to understand the background of these cases it would be sufficient to state here in bare outline the facts which are given in greater detail in the above case reported in 1971 (3) SCR 832.

2. Owing to historical reasons there was a large proportion of Kashmiri Pandits in the services of the State, especially, in the teaching line, although that community is hardly 2 of the total population of the State. In course of time other communities who were in a majority in the State agitated for a larger share in the services, with the result that prior to 1954 recruitment was made to the services in proportion to the population of the major communities in the State.

3. In 1954 Part III of the Indian Constitution with some modifications was made applicable to the State. In spite of it representation in the services followed the communal pattern. On 14-6-1956 the State promulgated the Jammu & Kashmir Civil Services (Classification Control & Appeals) Ru