( 1 ) THROUGH these 16 Special Civil Applications, the petitioners have sought to challenge the allotment of posts made to the concerned respondents or no allotment and the method of allotment or assignment of preference in the Gujarat Civil Services and have sought a direction for allotment afresh or re-allotment on the vacant posts and for that purpose, Rule 9 of the Gujarat Civil Services Recruitment (Examination) Rules, 1980 has also been challenged in Special Civil Applications Nos. 931 of 1992, 5705 of 1996, and 3590 of 1990 to be ultra vires of Articles 14 and 16 of the Constitution of India.

( 2 ) IT may be mentioned that in Special Civil Applications Nos. 3597 of 1990, 5705 of 1996, 1662 of 1989 and 931 of 1992, there is no challenge to the allotment in favour of the concerned respondents, but the petitioners therein have claimed the post of their preference only.

( 3 ) DURING the course of hearing of these petitions on 29th June 2001, Mr. P. V. Hathi, learned Counsel for the petitioners submitted a statement prepared on the basis of the instruction received from the respective petitioners whom he represents. As per this statement, the petitioner in Special Civil Application No. 478 of 1990 of 1990, namely, Mr. D. G. Dalal and the petitioner in Special Civil Application No. 614 of 1990, namely Mr. Haresh Darji who were allotted to Class-II post of Assistant District Registrars in the year 1990 have already been promoted to Class-I post of District Registrar in Gujarat Co-operative Service and they are, therefore, not interested in getting their original allotment changed. They are, therefore, not interested in prosecuting the petitions referred to above and hence, both these petitions are required to be rejected as not pressed and the Rule issued therein is hereby discharged with no order as to costs.

( 4 ) THUS, only 14 Special Civil Applications, i. e. other than Special Civil Applications Nos. 478 of 1990 and 614 of 1990 remain for our consideration.

( 5 ) IN the first group, i. e. Special Civil Applications Nos. 613, 615 to 622 of 1990 in which the petitioners are represented by Mr. Hathi, a common advertisement dated 1st Oct. 1985 was issued by the Gujarat Public Service Commission (which will be hereinafter referred to as "the Commission") for filling up of 101 Class-I posts and 188 Class-II posts with different designations. Through this advertisement, applications were invited from eligible candidates as per the respective recruitment Rules. The last date for submission of the applications was 31st Dec. 1985. Out of the vacancies which were advertised through this advertisement, the reserved posts were separately shown. The candidates seeking these posts were required to show their order of preference in the application and were required to appear in the combined competitive examination to be held for Class-I and Class-II posts under the Gujarat Civil Services Recruitment (Examination) Rules, 1980 framed in exercise of the powers conferred by the proviso to Article 32 of the Constitution of India read with the order by the President published in Govt. of India Gazette, Ministry of Home Affairs, dated 17th Feb. 1980 and in supersession of all orders on the subject that may be in force. The petitioners had applied in response to the aforesaid advertisement inviting applications indicating their preference for different posts. It was a combined selection for Category-I and Category-II posts in Gujarat State. As per Schedule-I, Rule 2 (E3), the posts in Category-I are as under:1. Posts under Gujarat Administrative Services. 2. District Registrars of Cooperative Societies. 3. Superintendents of Prohibition and Excise, Class-I. 4. Deputy Superintendents of Police. POSTS in Category-II are as under:1. Mamlatdars. 2. District Inspectors of Land Records. 3. Assistant Registrar of Cooperative Societies. 4. Sales Tax Officers. 5. Government Labour Officers. 6. Taluka Development Officers or Block Developme