JUDGMENT

SINGH, J:- This appeal is directed against the judgment and order of the Karnataka Administrative Tribunal, Bangalore dated September 30, 1987 quashing Karnataka Public Service Commissions Notification dated 28-9-1983 inviting applications for recruitment of Motor Vehicle Inspectors and the select list prepared by it for appointment to the post of Motor Vehicle Inspectors and further directing the Public Service Commission to invite fresh applications in accordance with the amended Rules. Some of those candidates whose names were included in the select list prepared by the Public Service Commission for appointment to the post of Motor Vehicle Inspectors have filed a writ petition under Art. 32 of the Constitution of India for the issuance of directions to the State Government of Karnataka for making appointments to the post of Motor Vehicle Inspectors from the select list prepared by the Commission. Since the questions involved in the appeal by special leave filed against the order of the State Tribunal and the writ petition are common, we consider it proper to dispose of the same by a common judgment.

2. The dispute involved in the present cases relates to the selection and appointment of Motor Vehicle Inspectors. Recruitment to the said post is regulated by the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1962 (hereinafter referred to as the Rules) framed under Article 309 of the Constitution These Rules provide for direct recruitment to the post of Motor Vehicle Inspectors and it further lays down the minimum qualification requiring a candidate to be holder of Diploma in Authomobile Engineering or Mechanical Engineering. In 1978 the Karnataka Public Service Commission held selections and about 200 posts of Motor Vehicle Inspectors were filled up from amongst the candidates holding Diploma in Mechanical Engineering and in Automobile Engineering. On September 28, 1983 the Public Service Commission issued an advertisement (published in the Karnataka Gazette on October 6, 1983) inviting applications for 56 posts of Motor Vehicle Inspectors which was later on increased to 102 posts. The advertisement specifically stated that the selection shall be made in accordance with the Recruitment Rules 1976 and it further stated that a candidate for selection must be holder of Diploma in Automobile Engineering or Mechanical Engineering. The appellants/ petitioners (in writ petition) who were holding Diploma in Mechanical Engineering along with others applied for selection to the post of Motor Vehicle Inspectors. The Commission after scrutiny of the application forms issued, letters for interview to the suitable candidates and the Commission commenced the holding of interviews in August, 1984. It appears that the Commission refused to interview some candidates who were competing for selection against the reserved seats for local candidates on the ground that they were not entitled to be treated as local candidates as they had not actually worked as local candidates in the post of Motor Vehicle Inspectors and further they had secured low percentage of marks, they were further not entitled to be interviewed against the seats earmarked for general pool as the marks secured by them were less than the percentage of marks obtained by the last candidate called for interview. The candidates claiming reserved seats as local candidates filed a number of petitions under Art. 226 of the Constitution before the High Court of Karnataka and obtained stay orders as a result of which the selection could not be completed. Later interim orders were modified by the High Court and the Commission was permitted to proceed with the selection reserving seats for the petitioners. The High Court further modified its order at a later stage permitting the Commission to make selection and appointment with a condition that the appointments so made will be subject to the decision of the writ petitions. Thereafter the Commission resumed i