( 1 ) THE petitioner, who is a Circle Inspector of Police, challenges in this writ petition, under Art. 226 of the Constitution, the validity of the rule in the Mysore Police Service (Recruitment) Rules, 1965, prescribing that for being promoted as a Deputy Superintendent of Police from the cadre of Circle Inspectors, the officer concerned should not have completed 52 years at the time the question of his promotion comes up for consideration. Further he seeks a writ of mandamus from this Court to respondent 1, directing it to promote him as Deputy Superintendent of Police from the date his immediate junior was promoted to that post.

( 2 ) PRIOR to 1 November, 1956, the petitioner was serving in the former State of Coorg. As a result of the Reorganization of States, he was allotted to the new State of Mysore. In his parent State, there was no age restriction in the matter of promotion of an Inspector of Police as a Deputy superintendent of Police. After Reorganization of States, the new State of Mysore promulgated, under Art. 309 of the Constitution, the Mysore Police Service (Recruitment) Rules, 1960. Under those rules, no Inspector of Police could be promoted as Deputy