1. - By way of this writ petition, the Court has been called upon to decide the following issues:-

A. Whether the cadres of the Patwaris posted in the Revenue (Land Records) and Colonisation Departments are different?

B. Whether the action of the State Government in meting out different treatment to the Patwaries posted in the Colonisation and Revenue (Land Records) Departments respectively for selection to the post of Inspectors by direct competitive examination can be termed as arbitrary and unconstitutional being violative of the fundamental right of equality guaranteed under Articles 14 & 16 of the Constitution of India?

C. Whether this Court sitting singly is empowered to read down the language of a statutory provision?

2. The services of both kinds of Patwaris posted in either the Revenue (Land Records) or the Colonisation Department are governed by the same set of Rules i.e. The Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as 'Rules of 1957').

3. Some of the relevant provisions from the Rules of 1957 which are germane for deciding the controversy in issue are reproduced herein below for the sake of ready reference:-

"272. Conditions for Admission.-(i) Candidates for admission to Patwar Schools will be (a) Patwaris, and (b) other candidates.

(a) Patwaris, who have been appointed subject to the conditions as laid down in paragraph (4)(c) and have still to pass the examination, will be allowed to attend the school with the permission of the Collector, Patwaris appointed conditionally will ordinarily be removed if they fail to pass the examination within two years, unless his case is governed by clause (i) or clause (ii) of the proviso to subpara (c) of para 4

(b) Candidates selected under Rules 273 and nominated by the Collector or the Board

(ii) & (iii) [Deleted]

(iv) No candidate, who has once been enrolled in any Patwar School, will be admitted to another similar school except for sufficient reasons to be certified by the Officer-incharge. A certificate of classifications obtained by concealing the facts of previous enrollment in another school shall be void."

"273. Selection of candidates for admission to the school.-(1) Selection of candidates for admission to the School shall be made by a Competitive Examination to be conducted by the Board in the manner given hereunder:

Provided that 10% of the total vacancies of the posts of the Patwaries shall be reserved for appointment of Class IV employees of the Land Revenue (Land Records) Department who have passed the High School Examination and are substantive Class IV Servants and who qualify in the examination to be conducted by the Collector. If suitable hands are not available, the vacancies so reserved need not be carried forward but shall be filled from other selected candidates as usual:

Provided further that out of the total number of vacancies for direct recruitment in a district, 80% of the vacancies shall be filled from candidates who are residents of the district as indicated in the certificate of secondary school examination and 20% vacancies shall be filled from general candidates. A candidate shall be required to indicate clearly the district and vacancies for which he intends to apply. If a candidate intends to apply against 20% vacancies he shall indicate the same in his application. After examination, if the said 80% vacancies reserved for residents of the district are not filled, the same may be filled from amongst the successful candidates who have passed the examination against 20% vacancies. For the purpose of filling the 20% vacancies from general candidates, selection shall be made on the basis of merit of the successful candidates who have given option against 20% vacancies. "

"4. Appointments.-(a) A Patwari shall be appointed to each circle.

(b) Only such persons who have obtained Patwar School Certificate shall be eligible for appointment as Patwaries, Additional Patwaries or Assistant Office Qanungo: Provided that they are