JUDGMENT

S. C. AGRAWAL, J.:- Special leave granted.

2. Heard learned counsel for the parties.

3. This appeal arises out of the judgment and order dated February 22, 1991 of the High Court of Jammu & Kashmir. It relates to insertion of certain provisions, by way of amendment, in the Jammu & Kashmir Civil Services (Judicial) Recruitment Rules, 1967 (hereinafter referred to as the rules).

4. Section 110 of the Constitution of Jammu & Kashmir provides that appointments of persons other than District Judges to the judicial service of the State shall be made by the Governor in accordance with the rules made by him in that behalf after consultation with the Public Service Commission (hereinafter referred to as the Commission) and with the High Court. In exercise of the aforesaid power, the Governor of Jammu & Kashmir has framed the rules which make provision for recruitment to the K.C.S. (Judicial) Service (hereinafter referred to as the Service). Under Rule 4 of the Rules, selection for appointment to the service is made by direct recruitment on the basis of competitive examination conducted by the commission.

5. The readers and librarians employed in the High Court of Jammu & Kashmir submitted a representation to the Chief Justice of the High Court wherein it was submitted that they do not have any prospects of future promotion in their service and it was prayed that a fixed quota may be reserved for the employees of the High Court for recruitment to the Service. The said representation was considered by the Judges of the High Court at a full Court meeting and it was resolved that the rules may be amended in a way as to provide for reservation of 25% vacancies in the Service by way of promotion/transfer of the following employees of the High Court:

1) Assistant Registrar

2) Reader

3) Court Officer

4) Librarian

The High Court proposed that Rule 4 of the Rules may be substituted by the following provision:

"Rule 4. (1) Notwithstanding anything contained in these rules recruitment to the service shall be made:

(a) on the basis of the competitive examination conducted by the Commission.

(b) by promotion/ transfer of persons holding or who have held for about four years and above any of the following posts:

(i) Assistant Registrar

Grade : Rs. 1050-1700/-

(ii) Readers to Honble Judges

Grade : Rs. 680-1240/-

(iii) Court Officer

Grade : Rs. 680-1240/ -

(iv) Librarian

Grade : Rs. 680-1240/-.

Provided, however, that candidates of (i) to (iv) above shall be law graduates.

(2) The percentage for recruitment from each of the above source shall be: Source: (a) 75% and Source (b) 25%."

6. In order to give effect to the said proposal, a new Chapter, [Chapter IV-A] was also proposed to be inserted in the Second Part of the rules to prescribe the procedure for recruitment by promotion/ transfer.

7. The aforesaid proposal for amendment of the rules made by the High Court was sent by the State Government to the Commission for its opinion. The views of the Commission in the proposed amendments were communicated by the Deputy Secretary to the Commission, in his letter, dated July 25, 1984, addressed to the Secretary to the Government of Jammu & Kashmir, Law Department. The said letter was forwarded by the State Government to the High Court and the matter was referred by the High Court to the Vigilance Commissioner (Judicial) for examination. The Vigilance Commissioner (Judicial) submitted his report which was considered by the High Court at a full Court meeting held on March 16, 1985 wherein it was resolved as under:

"Considered the proposal of the Public Service Commission and the Report of the Vigilance Commissioner (Judicial). The Court did not agree with the proposal of Public Service Commission and sticks to the amendment already proposed. However, the Court has no objection if independent Part V after the existing Part IV, is inserted in the Draft Amendment."

8. The Registrar of the High Court, vide his letter dated March 3, 1985, informed the Law Secretary to the Gove