1. THE subject matter of challenge in this application under Article 226 of the Constitution is the order dated 16th of November 1973 issued by the Commissioner and Secretary, Education department. The said order stated as follows :

"it appears that some employees of this Department abstained themselves from office on the 27th July, 1973, the day of 'bundh' without prior permission, inspite of the directions given in the Home' (Poll) Department order No. 1074 PS dated 20. 7. 73 which was circulated to all the Government servants. It also appears that all these employees applied for leave either for that day only i. e. the 27th July, 1973 or for a period inclusive of that date. After examination and scrutiny of the leave applications of the employees concerned the undersigned is satisfied that the grounds for leave as given by some of the employees, as mentioned in the enclosed statement, are not convincing. In terms of the Finance (Audit) Department Memo No. 4896 (210)-F dated 30. 7. 73, the undersigned directs that the absence on the 27th July, 1973 or for the period inclusive of the 27th July, 1973, of the employees as mentioned in the statement enclosed should be treated