JUDMENT

SHINGHAL, J.:— These appeals by certificate are directed against the judgment of the Delhi High Court dated September 25, 1969, allowing Civil Writ Petn. No. 405 of 1968 and connected Petitions Nos. 478 to 487 of 1968. The High Court has quashed the orders of the Central Government notified in GSR 42 to 49, published in Gazette of India, Extraordinary, dated January 13, 1968, as well as the scheme for the formation of a joint cadre of the Indian Administrative Service, hereinafter referred to as the service, for the Union Territories, and has held that the formation of the Delhi-Himachal Cadre of the service was also ultra vires the Constitution. As we shall show, the decision has turned on a short point of law, and it will be enough to refer to those facts which bear on it.

2. A new cadre of the service was constituted for the Union Territories of Delhi and Himachal Pradesh, and recruitment to that cadre was made directly, without complying with the requirement of Rule 4 (1) of the Indian Administrative Service (Recruitment) Rules, 1954, hereinafter referred to as the Recruitment Rules, which prescribed the normal method of recruitment to the service. The Rules were amended