JUDGMENT :

Kurian, J.

The issue raised in these Appeals pertains to the question whether in the matter of selection and appointment, executive instructions pertaining to the procedure of selection, which is not prescribed under the Rules can rule the field.

2. The appellants participated in the selection for appointment as Deputy Surveyor. There is no dispute that all of them possessed the qualification for the post. The procedure for selection was, however, not available under the Rules and, therefore, by executive instructions, it was notified that the participants would be subjected to a written test and also a physical endurance test.

3. It is the contention of the appellants that the physical endurance test is not a test prescribed under the Rules, unlike in the case of selection of a Police Constable where it is a prescribed procedure.

4. We are afraid this contention cannot be appreciated.

5. It may be seen that even a written examination is not a procedure prescribed under the Rules. The Rules only provide the essential qualifications for the post. The method of selection, in the absence of Rules has to be supplied by the executive instructions. All the appellants have appeared i