Judgment

SARKARIA, J. :- This appeal by certificate, directed against a judgment, dated May, 6, 1968, of the High Court of Delhi, arises out of these facts :

2. As per Government Notification No. F.1/12/58, Delhi, dated March 15, 1961, the President of India in exercise of his powers under the proviso to Article 309 of the Constitution framed Delhi and Himachal Pradesh Civil Service Rules, 1961 (hereinafter called the 1961 Rules).

3. Rules 3 of the 1961 Rules constituted the Delhi and Himachal Pradesh Civil Service consisting of two grades, namely, Grade I and Grade II. The posts in Grade I were Central Civil Posts Class I (Gazetted) and those in Grade II were Central Civil Posts, Class II (Gazetted). Rules 5 and 29 of the 1961 Rules, respectively provide for; (i) the method of recruitment to the service; and (ii) the manner in which the seniority of the persons so appointed was to be determined.

4. Rule 5 prescribes these methods of appointment to the service, namely :-

(a) "by direct recruitment in the manner specified in Part IV of these rules" to not more than 50 percent of the substantive vacancies which occur from time to time in the permanent strength of the service; and

(b) "by s