( 1 ) THE formation of a goint Cadre exclusively for the Union Territories in the Indian Administrative Service (hereinafter REFERRED TO as the IAS ) by the Union of India (Respondent No. 1) and the appointment of respondents 2 to 37 to it have been challenged as unconstitutional and illegal in this batch of writ petitions. It is necessary to know, therefore, the Constitutional and legal provsions under which the Cadre was formed and the appointments to it were made.

( 2 ) AS decided in 1946 by the Conference of the Premiers of the Provinces and the Central Home Minister, the Indian Administrative Service (and the Indian Police Serice) were constituted as All India Services common to the States and Union. For the creation of other All India Services common to the Union and the States, the consent of the states was similarly required by Article 312 (1) in the form of a resolution of the Counsil of States supported by not less than 2/3rd of the members present and voting in the same way that the consent of the Premiers of the Provinces was necessary for the creation of the Indian Administrative Service before the commencement of the Constitution. Article 312 (2) decla