JUDGMENT

KULDIP SINGH, J.:— The Sikkim State Civil Service (hereinafter called the Service) was constituted with effect from July 1, 1977 by the rules, framed under Art. 309 of the Constitution of India, called the Sikkim State Civil Service Rules, 1977 (hereinafter called the Rules). The question for our consideration in these appeals is whether the special recruitment made by the State Government in the year 1981/ 82 and the consequent appointment of 29 officers to the services is violative of the rules and as such is liable to be quashed.

2. The Sikkim Government by a notification dated September 16, 1981 decided to make special recruitment to the service on the basis of written examination-cum-viva voce test. The notification mentioned exigencies of serviceas a ground for holding the special recruitment. As a result of the selection, 29 officers were appointed to the services by an order dated December, 13, 1982.

3. DorjeeTshering Bhutia who was working as under Secretary to the Government of Sikkim competed for the selection but failed. He challenged the notification dated September 16, 1981 and the consequent selection by way of a writ petition under Art. 226 of the Constitutio