TYAGI, J.—The petitioners in these two writ petitions are the members of the Rajasthan Police Service and by filing these petitions they have challenged the correctness of the seniority list of the Rajasthan Police Service Officers issued on 19th June, 1966, under Rule 33 of the Rajasthan Police Service Rules. 1954, (hereinafter to be referred as the Rules). Accept Shri Rameshwar Khuteta and Shri Om Prakash respondents Nos. 25 and 26 in the writ application filed by Mr. Kaushib, all the respondents are common in both these petitions. Since common questions of law and facts arise in both these petitions I propose to dispose them of by one judgment.

2. The case of the petitioners is that they were recruited to the Rajasthan Police Service through competitive examination in the year 1954 and that their appointment was made by the State Government by issuing the appointment letter Ex. P. 2 dated 13th September, 1955. In Writ Petition No. 533 of 1966, respondents Nos. 6 to 24 except respondent No. 19 Shri Ram Singh were recruited to the Rajasthan Police Service in the promotion quota under Rule 7(b) and (c) of the Rules in the year 1955, but their appointment was actually made in the year 1956. Out of these respondents respondents No. 6 to 9, 11, 13 and 15 were recruited under rule 7(c) by special selection. Their appointment was made on 29th May, 1956, by Ex. P.7. The other respondents were also appointed by the same order, but their appointment was made under rule 7(b).

3. Respondent No. 19 Shri Ram Singh, who was already officiating as Deputy Superintendent of Police, was however appointed as a member of the Rajasthan Police Service on 28-5-58 in the promotion quota, but on his representation that he should have been appointed along with the other promotees of 1956 the Government after scrutinizing his case Ordered on 24th January, 1964 vide Ex.P. 16 that he should be deemed to have promoted to the service with effect from 29th of May, 1956, when other respondents were promoted.

4. The case of respondent No. 27 Shri Narain Singh, however, stands on a different footing. He was appointed as member of the Rajasthan Police Service by the order of the Government dated 20th/21st October, 1961, and he was alloted 1957 as the year of his appointment. He was, however, kept junior to the petitioners in the seniority List Ex. P/27.

5. The petitioners grievance is that the petitioners were recruited in the direct recruitment quota and were appointed in the service on 13th of September, 1955, whereas the respondents including respondent No. 19 Shri Ram Singh, were appointed in the Service in the year 1956 and, therefore, on the basis of the date of appointment the petitioners are senior to the respondents, but the Government has erroneously placed them above the petitioners in the final seniority list issued in the year 1965 and hence these petitions have been filed in the Court.

6. As regards respondents Nos. 6 to 9, 11, 13 and 15, who have been appointed as members of the Rajasthan Police Service under Rule 7(c) (special selection) it is alleged that their appointments made on 29th of May, 1956, are in clear violation of the proviso to rule 7(c) which lays down that clause (c) of rule 7 shall not be operative after 31st December, 1955, and, therefore, they cannot in any circumstances be placed senior to the petitioners in the seniority list. It may be mentioned here that validity of the appointments of these respondents Nos. 6 to 9, 1 1, 13 and 15 have not been challenged in these writ petitions nor have the petitioners claimed any relief in these writ petitions against these respondents on the basis of the alleged invalidity of their appointments.

7. The second ground on which the seniority list has been challenged by throwing a challenge to the validity of proviso(vi) of R. 33 of the Rules under which the seniority list has been drawn up.

8. Proviso (vi) as it originally stood laid down that if two or more persons are appointed to the Service o

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