Honble MADAN, J. — The aforesaid writ petitions have come up before us for hearing on a reference by the learned Single Judge of this court vide his order dated the 27th of October, 1993, when the learned Single Judge after hearing the learned counsel for the petitioner at the admission stage was pleased to observe as under : —

"This writ petition involves a challenge to the constitutional validity of proviso to Rule 5(1) of the Central Civil Services (Temporary Service) Rules 1965. Such writ petition can be heard by a Division Bench. Put up this case before Division Bench.

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(G.S.SINGHVI), J."

(2). It is in these circumstances that the aforesaid writ petitions have been put up before us.

(3). Since both the writ petitions involve a common question of law, they are being disposed of by a common order which would be applicable to both the matters. The only question of law with which we are concerned in the present writ petitions is challenge to the constitutional validity of proviso to Rule 5(1) of the Central Civil Services (Temporary Service) Rules, 1965 (hereinafter referred to as the CCS (Temporary Service) Rules) and the question of law to be decided is as under :

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