JUDGMENT

MAJMUDAR, J.:—Leave to appeal granted in Special Leave Petition(Civil) Nos.6395 and 13446 ot 1994.

2. In all these appeals a common question arises for our consideration, namely, whether the State Government of Andhra Pradesh was justified in promulgating the rules under Article 309 of the Constitution of India under which it was provided that candidates seeking appointment to the posts in the service specified in the concerned rules who had obtained basic educational qualifications prescribed for direct recruitment governing such posts through the Telugu medium shall be given weightage in the matter of selection to such posts by awarding them five percent of the total aggregate maximum marks in the relevant competitive examination held by the Andhra Pradesh Public Service Commission for recruitment to such posts.

3. The State Government issued GOM No. 603 dated 18-11-1981 under which one such rule was framed. Even earlier GOM No.504, GAD was issued on 26-6-1976 to the same effect, of course for limited number of posts. While the G. O.dated 18-11-1981 was more comprehensive in nature and covered a wider range of posts.

4. The said G.O. No.504 was brought in challenge before t