JUDGMENT

KULDIP SINGH, J. :—These appeals are directed against the judgment of the Division Bench of the Karnataka High Court declaring the Karnataka State Civil Services (Direct Recruitment of Scheduled Castes, Scheduled Tribes and Backward Tribes to Class III Posts) (Special) Rules, 1977 (the Special Rules) as violative of Article 16(1) read with Article 335 of the Constitution of India. This Court while granting special leave on March 9, 1979 stayed the operation of the impugned judgment of the High Court.

2. We may briefly state the necessary facts. The Karnataka Civil Services Rules define local candidate to mean a temporary Government servant not appointed regularly as per Rules of Recruitment to that service. The local candidates appointed from time to time, subject to their possessing the prescribed qualifications were regularised by the State Government either by way of executive orders, or by framing Rules under Article 309 of the Constitution of India. By the Office Memorandum dated May 23, 1973 the State Government ordered that no further appointments of local candidates be made. Later on by Office Memorandum dated June 13, 1974 the embargo was relaxed in respect of the