R. DEVDAS, J.

1. These petitions raise an important question as to whether Article 371J of the Constitution of India empowers the Governor to pass an Order providing for reservation in employment and promotion in Government services, in favour of persons belonging to the Hyderabad-Karnataka local cadre, beyond the geographical limits of Hyderabad-Karnataka area?

2. The fact and circumstances under which this petition is filed is that the petitioners and the fourth respondent are working as Senior Assistants/Research Assistants in the Karnataka Legislative Assembly Secretariat. The petitioners are placed above the fourth respondent in the seniority list, prepared as on 01.01.2015. The next promotional avenue is that of Section Officer/Assistant Director. It is not in dispute that the contesting parties herein are eligible for promotion having minimum service of two years in the cadre of Senior Assistant, with a minimum combined service of twelve years in the feeder cadre thereto and there is no adverse remarks and thereby fulfilling all the requirements under the Karnataka Government Secretariat Services (Recruitment) Rules, 1992.

3. Reservation is provided for posts in the Secretariat of the Legislative Assembly in the Order of the Governor in The Karnataka Public Employment (Reservation In Appointment for Hyderabad-Karnataka Region) Order, 2013, (hereinafter referred to as 'the Reservation Order' for short) which has come into effect from 06.11.2013. The Order provides reservation for posts in State level offices/cadre in favour of persons belonging to Hyderabad-Karnataka region, inter alia in the Secretariat of the Legislative Assembly. In pursuance of the provision made under the Reservation Order, an Official Memorandum dated 13.03.2015 was issued by the Governor reserving 8% of the total cadre strength of Karnataka Legislative Assembly, as per the Recruitment Rules of the Secretariat and the posts so reserved were identified as Local Cadre and the remaining posts were retained as Parent Cadre. In furtherance of the same, the willingness of the employees was obtained in writing and those willing, were transferred to the Local Cadre. The fourth respondent was accordingly transferred to the Local Cadre, since she belongs to the Hyderabad-Karnataka region. Consequent thereto, it was proposed to promote the fourth respondent to the post of Section Officer/Assistant Director, to the vacant post available in the Local Cadre.

4. The petitioners are therefore before this Court seeking a writ of certiorari quashing paragraph-13(b) of the Reservation Order, inter alia contending that Article 371J provides for reservation for posts or class of posts in the Hyderabad-Karnataka region only and reservation of 8% at State level Offices or State Level Institutions or Apex Institutions, as is provided in Reservation Order is impermissible and is in excess of power conferred under Article 371J.

5. Article 371J received the assent of the President of India on 1st January 2013 and was published in the Official Gazette on 2nd January 2013. Article 371J reads as follows:

"371J. (1) The President may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for

(a) establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;

(b) equitable allocation of funds for developmental expenditure over the said region, subject to the requirements of the State as a whole; and

(c) equitable opportunities and facilities for the people belonging to the said region, in matters of public employment, education and vocational training, subject to the requirements of the State as a whole.

(2) An order made under sub-clause (c) of clause (1) may provide for

(a) reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka r