( 1 ) THE petitioner and respondents 3 to 8 are excise Inspectors (Juniors in the Mysore Excise service. The posts of Excise Inspectors, Senior and Junior, are class III posts; the posts of the assistant District Excise Officers are class II posts. The petitioner has challenged the order of the State Government (respondent 1) made on 27 September, 1967 appointing respondents 3 to 8 to be in independent charge of the posts of Assistant District Excise officers at different places. The challenge is made on two grounds : first the impugned appointments are opposed to the cadre and Recruitment Rules, and second, the petitioner being senior to respondents 5 to 8, he should have been appointed and by the appointment of his juniors, the petitioner has been denied the protection guaranteed by Arts. 14 and 16 of the constitution of India.

( 2 ) IN order to appreciate the contentions urged by the petitioner, it is necessary to set out the circumstances under which the impugned order came to be made. Consequent on the relaxation of prohibition, when it became necessary to increase the cadre strength of Assistant District excise officers, the State by order No. HD 154 EDC 67