Bapna, J.—This is a petition under Art. 226 of the Constitution of India.

2. The petitioner was a District and Sessions Judge in the former Bikaner State for some years prior to the formation of the United State of Rajasthan by the Covenant, date 30th March, 1949, entered into by the various rulers including the Maharaja of Bikaner Sometime after the formation of Rajasthan provisional postings were made on an Ad Hoc basis by Government Order No. F-l(12) Int. B/50, dated 25th May, 1950 and the petitioner was provisionally posted as Civil and Additional Sessions Judges of Jhunjhunu. The Government notification of the said postings mentioned in paragraph 6 that all the appointments were provisional, and that the emoluments of none of the officers appointed were being affected, and they would continue to draw their existing salaries until further orders. It was declared that all the appointments were without prejudice to the certain of a Judicial Service in Rajasthan to be formed in accordance with the rules which may be made therefore.

3. The rules and instruction for selection of Government Servants and fixation of seniority with respect to Rajasthan Judicial Service were published in the Rajasthan Rajpatra of 23rd August, 1950, under the signature of Mr V. Narayanan. Additional Chief Secretary to the Government of Rajasthan. The said Rules purported to constitute a Selection committee for purposes of selecting officers from among those then in service for permanent appointment in the Rajasthan Judicial Service and arranging them in order of seniority. It considered of;

1. The Honble Chief Justice.

2. The Chairman, Public Service Commission;

3. A Judge of the High Court nominated by the Honble the Chief Justice. The strength of the Rajasthan Judicial Service was notified to be:

(a) Senior Posts, viz.—

(ii) Civil and Additional Sessions Judges 15

(i) District and Sessions Judges and Additional District and Sessions Judges, Registrar, High Court, and Legal Remembrance cum Law Secretary 19

(b) Junior Posts viz—

Civil Judges, Munsiffs and Deputy Registrars 106

(c) Reserve for deputation 6

(d) Leave and training Reserves 14

160

Rules 4, 5, 6 and 7 declared who were and who were not eligible for selection and appointment to the Rajasthan Judicial Service. Candidates were directed by rule 8 to apply in prescribed form to the Secretary, Integration Department, by September 20, 1950, at the latest.

4. The Committee met, interviewed the candidates and made certain recommendations, and on 23rd April, 1951, the Government of Rajasthan issued Notification No. F. 1(357) Appts. (A)/51, as follows:—

"In exercise of the powers vested in him under Arts. 233 and 234 of the Constitution, His Highness the Raj Pramukh is pleased to make the following substantive appointments to the Rajasthan Judicial Service in the light of the recommendations made by the Selection Committee appointed for the selection of officers and endorsed by the Public Service Commission and the Honble High Court of Judicature, Rajasthan. The names are arranged in order of seniority in each Group, effective from the date of this order.

5. Then followed Groups A, B, and C. Group A related to District and Sessions Judges, Group B to Civil and Additional Sessions Judges, and Groups C to Civil Judges and Munsiffs. The petitioner was appointed as a Civil Judge and placed at No. 18 in Group C. The petitioner made representation to the Government against what he considered to be his reduction in rank on 18th June, 1951, but, it is alleged, the Government did not give any reply to his representation.

6. The petitioner filed the present petition on 3rd April, 1949, and it is contended on his behalf that under Art. 309 of the Constitution the power to make rules regulating the recruitment and conditions of service of appointment to public services and posts in connection with the affairs of the State was vested in the Rajpramukh as no provision in that behalf had been made by or under an Act of the app

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