P.G. Agarwal, J.

1. I have heard Mr. H. Roy, learned Counsel for the Petitioners and also heard Mr. A.K., Goswami, learned Counsel for private Respondent No. 4 and Mr. N.C. Phukan, learned Senior Government Advocate for the Respondent/State and Mr. K. Goswami, learned Counsel for Respondent Nos. 3, 4, 6, 9, 15 and 16.

2. In this writ petition, the dispute is in between the direct recruit and promotee to the post of Sub-Inspector, Food and Civil Supplies. The appointment to the post of Sub-Inspector of Food and Civil Supplies is governed by the Assam Supply Services Rules, 1970 and the said Rules had originally provided for direct appointment to the said post. In the year 1989 vide order dated 21.3.89 the said Rules were amended providing that 75% of the vacancy in the cadre of S.I. of Food and Civil Supplies shall be filled up by direct recruitment and the remaining 25% shall be filled up by promotion from the select list prepared for this purpose. The dispute in the present writ petition is in respect of the appointment made in the year 1992. In the month of January 92, 19 Petitioners before us were appointed as direct recruit, whereas the Private Respondents No. 3 to 25 wer