TULZAPURKAR, J. :- The three questions referred to our Full Bench by the Division Bench are these:

(1) Whether the Circulars, Orders or Resolutions or parts thereof laying down rules or principles of general application, which have to be observed in the recruitment or fixation of seniority of Government servants generally or a particular class of them, and which have been duly authenticated by a signature under the endorsement "By order and in the name of the Governor of Maharashtra'' and intended to be applicable straightway are or amount to the rules framed in exercise of the powers conferred under the proviso to Art.309 of the Constitution of India, although the said Circulars, Orders or Resolutions do not expressly state that the same are made or issued in exercise of the powers conferred under the proviso to Art.309 of the Constitution of India and are not published in the Government Gazette?

(2) Whether the said Circulars, Orders or Resolutions or parts of them as set out in Question No.1 above must be deemed to be rules made in exercise of the powers conferred under the proviso to Art.309 of the Constitution of India?

(3) Whether the said Circulars, Orders or Resolutio