JUDGMENT

KRISHNA IYER, J.:—These two appeals and the sister writ petition raise the same point of law, seeking to derive succour from a ruling of this Court in the State of Gujarat v. C.G. Desai, (1974) 2 SCR 255 which we are inclined to think is distinguishable because unlike in that decision the weightage which is objected to as violative of Article 14 is based upon a rule framed under proviso to Article 309 which we regard as reasonable and in the circumstances fair.

2. We are upholding the decision of the High Court in P Bhavanarayana v. D.V.Prabhakarasarma, L.P.A. Nos. 942 of 1974 and 193, 194 and 858 of 1975 (Andh Pra) where there is an elaborate discussion of the questions of law raised and reference to the precedents which have a bearing on the point debated before us. We wholly agree with the reasoning and conclusion of the High Court and that is why we are not inclined to elaborate over again the reason for rejecting the submissions of the appellants.

3. Briefly, the case turns on the valfdity of a certain rule in the Andhra Pradesh Engineering Subordinate Service Rules. There are two sources of initial recruitment to the service, those who possess diplomas are recruited to