Judgment

SHINGHAL. J.:- This appeal by certificate is directed against the judgment of the High Court of Jammu and Kashmir dated November 1, 1974, in Writ Petition No. 124 of 1969.* That petition was filed against the promotions of respondents Nos. 1 to 46 and others as Professors in supersession of the claims of the writ petitioners who contended that they were senior and more qualified for promotion. The High Court allowed the writ petition and quashed the State Governments Order No. 649 -HTE dated July 25, 1969, in regard to the appointments of respondents Nos. 3 to 46 and directed that it would be open to the State Government to make a fresh selection of Professors in accordance with the law. A review petition was filed against the judgment but was dismissed on September 14, 1972. The State Government is aggrieved and has filed the present appeal.

* Reported in 1972 Lab IC 521 (J. and K.)

2. When the case was taken up for hearing on November 28, 1978, it was brought to our notice by counsel for the respondents that it will not be possible for them to advance their arguments with reference to Article 16 of the Constitution of India as the various sealed covers containing the date o