( 1 ) THIS group of petitions though it involves conflict of interest between direct recruits and promotees does not raise the usual controversy of inter se seniority between them. The main dispute here centres around the Rule fixing the quota of direct recruits and promotees and the contention of the rival groups is that this Rule has been violated. The stand of the State Government however. is that it has adhered to the quota rule and no appointments have been made in breach thereof.

( 2 ) IN order to appreciate the rival contentions it is necessary to refer to the facts and the background in which. The question regarding fulfilment of quota Rule has arisen before me. The Rules called Executive Engineers (XEN for short) (Civil) Gujarat Service of Engineers Class-I Recruitment Rules 1979 (GSE Class-I Rules for short) and Deputy Engineers (DEN for short) (Civil) Gujarat Service of Engineers Class-II Recruitment Rules 1979 (GSE Class-II Rules for short) were made by the Governor of Gujarat in exercise of powers conferred upon him by proviso to Art. 309 of the Constitution of India. Rule 2 of GSE Class-I Rules lays down how appointment to. The posts of XENs (Civil) in GSE Class-I is to be made and it reads as under: (2) Appointment to the post of executive Engineers (Civil) in the Gujarat Service of Engineers Class-I shall be made either: (b) by direct selection or (b) by promotion of a person of proved merit and efficiency from amongst the persons working as Deputy Engineers (Civil ). Gujarat Service of Engineers Class-II possessing the minimum qualification of diploma in Civil Engineering or an equivalent qualification recognised by Government and having minimum service of Seven years as Deputy Engineers (inclusive of the period spent on probation ). There is a similar Rule 2 providing for appointment to the post of DEN (civil) in GSE Class-II in GSE Class-II Rules. and it roads as follows: (2) Appointment to the part of Deputy Engineers (Civil) Gujarat Service of Engineers Class-II shall be made either (a) by direct selection; or (b) by promotion of a person of proved merit and efficiency from amongst the persons working in the cadres of Junior Engineers (Civil) Supervisors (Civil) and Overseers (Civil ). Rule 3 was and is in identical terms in both GSE Class-I Rules and GSE Class-II Rules. This Rule before its amendment in May 1982 read as follows: (3) The appointment by direct selection and promotion shall be made in the ratio of 1:3 (i. e. one by direct selection and three by promotion ). Provided that if in any year recruitment by direct selection is not made according to the prescribed ratio the shortfall of direct recruits shall lapse and shall not be carried forward in the subsequent year. By amendment of Rule 3 with effect from 21/05/1982 the ratio of direct recruits to promotees is altered to 1:4 (i. e. one by direct selection and four by promotion) and the proviso to the Rule stands deleted.

( 3 ) GSE Class-I and GSE Class-II Rules lay down the procedure for appointment by direct selection. Rules lay down that for appointment by direct selection a competitive examination shall be held by the Gujarat Public Service Commission (Commission for short) in accordance with the Rules mentioned in the Annexure appended to the Rules. It is provided that the examination shall he common for both the services viz. GSE Class-I and GSE Class-II the result thereof shall be arranged in order of merit of the candidates and the appointments to GSE Class-I or Class-II shall be made seriatum from the list of result prepard for the two cadres by the Commission subject to the fulfilment of requirements of physical fitness and other provisions of the Rules. The Rules further provide that the qualified candidates securing the highest places in order of merit shall be offered apppintments in the GSE Class-I according to the number of vacancies declared for such recruitment to that cadre. The candidates securing the next highe