JUDGMENT

SINGH, J. :- This appeal is directed against the judgment and order of a Division Bench of the Punjab and Haryana High Court dated 11th August, 1980 dismissing the appellants writ petition under Article 226 of the Constitution challenging validity of the appointment of Bhagwan Das Sardana, respondent No. 3 to the post of Executive Engineer in Public Works Department (Public Health Branch).

2. The post of Executive Engineer in Public Works Department (Public Health Branch) in the State of Haryana is borne in Class I Engineering Service, recruitment to which is made by direct recruitment and promotion under the provisions of the Haryana Service of Engineers Class I PWD (Public Health Branch) Rules 1961 (hereinafter referred to as the Rules). Under Rule 5, 50% of the posts of Executive Engineers in Class I are required to be filled by direct recruits while the remaining 50% posts are to be filled by promotion from members belonging to Class II service. Rule 8 provides for constitution of a Committee for making selection for promotion to the post of Executive Engineer. The list so prepared is forwarded to the State Public Service Commission and on its approval the State Governme