S. Mohan, C.J.

1. Based on the recommendations of the Third Pay Commission, the rules relating to the promotion of Assistant Directors of Town Planning were amended by virtue of the power under Article 309 of the Constitution of India. This was done in G.O.Ms.No.170, Housing and Urban Development Department, dated 5.3.1984. In effect and substance, the amendment is as under:

3. A. Ratio of Appointment: Appointment to the post by recruitment by transfer shall be made from among the holders of the post of Architectural - Cum - planning Assistant/Supervisor in the ratio of 3:1 between Degree and Diploma holders. Out of every .unit of four vacancies, the first three vacancies shall be filed from among the holders of prescribed degree qualification and the remaining vacancy from among the holders of the prescribed post Diploma or Diploma qualification. If persons with the prescribed degree qualification as on the 1st September of the year for which the panel is prepared are not available, such vacancies are to be filled from among the holders of the Post Diploma Qualifications.

2. It was this rule which was successfully challenged before our learned brother Nainar Sundaram, J., who