M. M. Dutt :– In these two Rules, the petitioners have challenged the validity of two Circulars dated March 28, 1978 and May 6, 1976, both issued by the State Government, consequent upon the cancellation of their officiating appointments or promotions and reversion to their substantive ranks. The writ petitions, out of which these two Rules arise, have been filed by the petitioners in representative characters under rule 11 of the Rules framed by this Court relating to Article 226 of the Constitution of India.

2. The petitioners are either Lower Division Assistants or Upper Division Assistants in different Government departments. By the Circular dated December 1, 1972 issued by the Finance Department, Audit Branch of the Government of West Bengal, certain guidelines for promotion were laid down. The guidelines were inter alia as follows :

"1 (a) A Government servant should be selected for promotion on the ground or merit and suitability in all respects and not of seniority.

(b) Seniority should be taken into account only when it is impossible to choose between two or more persons on grounds of merit alone.

2. It is considered necessary to indicate some guidelines in determining