JUDGMENT :

1. Special leave granted.

2. The order under challenge is passed by a Division Bench of the High Court of Jammu and Kashmir. It relates to Post Graduate admissions to the State Government Medical Colleges at Jammu and Srinagar. The relevant year is 1995-96. The admissions are governed by the Jammu and Kashmir Reservation Rules, 1994 made under Section 124 of the Constitution of Jammu & Kashmir which is in pan materia with Article 309 of the Constitution. Rule 22 sets out the reservation for Scheduled Caste and Scheduled Tribes and socially and educationally backward classes.

3. The appellants claimed the benefit of such reservation, being members of the Scheduled Castes and Scheduled Tribes. Such reservation not having been granted, they filed writ petitions in the High Court of Jammu & Kashmir. At the hearing of the writ petition a direction was issued to the State Government to recast and suitably amend the rule. The order was challenged in an appeal before a Division Bench. In the appeal an interim order was passed on 27th May, 1997 in these terms:

"In these circumstances, we think it proper to modify the order of stay passed by this Court dated: 30-5-96 to the extent th