(1) RULE 7 of the Jammu and Kashmir Civil Service (Judicial Recruitment) Rules, 1967, provided that no person should be recruited to that service who was more than 35 years of age on the first date of January preceding the year the examination for recruitment was conducted by the appellant-commission. The first respondent was age-barred, but sought to rely upon an order dated 14/2/1985 in the following words:

"SANCTION is accorded to the relaxation of upper age bar by two years, eight months and twenty-three days in favour of Shri Sudarshan Singh Jamwal, Librarian, High court of Jammu and Kashmir. By order of the government of Jammu and Kashmir. sd/- (Secretary to Govt. Law Department)"

Meeting with resistance from the appellant, the first respondent moved the High court of Jammu and Kashmir in a writ petition. The writ petition was allowed on the basis that the State government was competent to relax the age bar.

(2) THE said Rules had earlier provided for such relaxation in Rule 9-A, which read thus:

"9-A. Notwithstanding anything contained in Rules 7 and 9 of these Rules, the governor may, on the recommendation of the court, exempt any person who holds any