Judgment

SINGH, J. - Special leave granted.

2. These appeals are directed against the judgment of a Division Bench of the High Court of Karnataka dated August 11, 1978 dismissing the appellants writ petition under Article 226 of the Constitution of India challenging validity of the revised select list  prepared by the Karnataka Public Service Commission for appointment to the posts of Tehsildars.

3. In the State of Karnataka recruitment to the posts of Tehsildars is regulated by the Karnataka Administrative Services (Tehsildars) Recruitment (Special) Rules 1975 (hereinafter referred to as 1975 Rules). The Karnataka Public Service Commission (hereinafter referred to as the Commission) issued a Notification on May 23, 1975 (published on May 29, 1975) inviting applications from in service candidates for recruitment to 50 posts of Tehsildars. Paragraph 3 of the Notification specified details of the posts reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes including 10% of posts set apart for Ex-Military Personnel. According to the figures specified, therein, out of 50 pots of Tehsildars, 5 pots were reserved for Ex Military Personnel, 7 posts for Scheduled Castes, 1 post for Scheduled Tribes and 13 posts for other Backward classes. Paragraph 3 of the advertisement stated that in the event of non-availability of sufficient number of candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes or Ex-Military Personnel, for filling up the reserved vacancies, such vacancies shall be filled up as per Rules in force. The Notification further gave details of the written ,and viva voce examinations. Para 14 of the Notification stated that the provisions of 1975 Rules and Rules 7 to 14 of the Karnataka Recruitment of Gazetted Probationers (Class 1 and 11 Posts Appointment by Competitive Examination) Rules 1966 (hereinafter referred to as 1966 Rules), shall mutatis mutandis apply to the conduct of the competitive examination and the provisions of the Karnataka State Civil Services (General Recruitment) Rules 1957 (hereinafter referred to as 1957 Rules) shall apply in respect of matters for which no provision is made in the Rules. Pursuant to the advertisement, the appellants who were in service of the State Government applied for their selection and appointment to the posts of Tehsildars. After the written examination and viva voce test the Commission finalised the list of successful candidates and published the same in the Karnataka Gazette dated March 18, 1975. The Commission also notified an additional list of successful candidates for appointment to the posts of Telisildars in accordance with 1975 Rules, which included the names of the appellants. In preparing the select list and making reservation to the various categories, the Commission followed the directions and the procedure as contained in the Government Order dated 6th September 1959. The State Government refused to approve the list prepared by the Commission as in its opinion the reservation for the Scheduled Castes, Scheduled Tribes and other Backward Classes would have been made in accordance with the directions and procedure contained in the Government Order dated 9th July 1975. The State Government by its order dated 23rd April 1976 directed the Commission to prepare a fresh list of successful candidates by making reservations in accordance With the procedure contained in the Government Order dated 9th July 1975. Pursuant to the directions of the State Government the Commission prepared the select list afresh, after making reservations in accordance with the procedure prescribed by the Government Order dated 9th July 1875, and published the same on 27th May 1976. The appellants names did not figure in the revised list of candidates. The appellants challenged validity of the Government Order dated 23rd April 1976 as well as the revised list prepared by the Commission and also the validity of the Government