Honble M.R. CALLA, J.—These three cases involve common questions of law and facts and hence we propose to decide all these three cases by this common judgment.

2. The facts of these cases present a typical lis between the in-serving Engineers seeking appointments to the post of Assistant Engineer by direct recruitment and the Engineer graduates in the open market who are also seeking appointments to the post of Assistant Engineer by direct recruitment. This lis between the candidates of two different types both seeking direct recruitment to the post of Assistant Engineers has engaged the attention of this Court because of the dismal fact that although the scheme of the Rules, namely, the Rajasthan Service Engineers (Buildings and Roads Branch) Rules 1954 (hereinafter to be referred to the Rules of 1954) provides for both the modes of recruitment on the post of Assistant Engineer i.e. by direct recruitment as well as promotion, there has been no direct recruitment on the post of Assistant Engineer in this service since 1983 and, therefore, the in-service Engineers who are holders of the post of Junior/Engineers/Sub-Engineers and who have been working against the post of the Assistant

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