JUDGMENT

AHMADI, J. :—Special leave granted in S.L.Ps. Nos. 18926/91 and 389/92.

2. In exercise of power conferred by the proviso to Art. 309 of the Constitution of India, the Governor of Orissa enacted the Orissa Ministerial Service (Method of Recruitment to Posts of Lower Division Assistants in the Offices of Heads of Department) Rules, 1975, (for short the Rules) which were brought into force with effect from January 1, 1976. Rule 3 thereof provides that the recruitment to the said posts shall be made by means of a competitive examination to be held once in every year. The eligibility criteria is laid down in Rule 8. The minimum educational qualification prescribed under Rule 8(b) for the said post is that the candidate should have passed Intermediate in Arts / Science or Commerce or an equivalent qualification. Rule 13 provides that the relative seniority of each candidate shall be determined with reference to his position in the examination held in a particular year. Rule 14 deals with relaxation and is in the following terms :

"When the Government are of opinion that it is necessary or expedient so to do it may by order, for reasons to be recorded in writing, relax any of the p