( 1 ) THIS judgment will dispose of L. P. A. No. 78 of 1978 and Civil Writ Petition No. 378 of 1982, wherein the common question which arises is with regard to the validity of the amendment brought about to Rule 9 of the Railway Board Secretariat Service Rules, 1969.

( 2 ) THE Government framed the Railway Board Secretariat (Re-organisation and Re-inforcement) Scheme on 7th January, 1958 which provided for recruitment to the post of Assistant in Railways. This scheme was given retrospective effect from 1st December, 1954. The said scheme was drawn; up in line similar to the schemes applicable to the staff of the various other Ministries included provided that the pasts of Assistants would be filed in the following manner:-

A) "50 per cent by nomination by the Ministry of Home Affairs on the results of the examination conducted by the Union Public Service Commission. b) Not less than 25 per cent by promotion of clerks of Railway Board s office provided suitable persons are available. c) Upto 25% by recrutment from Railways. "in 1955 about 251 Assistants (175 from the Board and 76 from the Railways) Were working when, in November 1955, examination was held by the Unio