The petitioners, who are Section Officers in the office of the Accountant General I, II and III, Allahabad, have filed this petition under Article 226 of the Constitution for restraining the respondent Nos. 1, 2 and 3 from promoting respondent No. 4, 5 and 6 who are also working as Section Officers and belong to the Scheduled Castes, to the post of Accounts Officers.

The petitioners case is that they are senior to respondents Nos. 4, 5 and 6 and they cannot be promoted to the posts of Accounts Officers, through seniority quota, before the petitioners. The promotion to the posts of Accounts Officers is regulated by the rules made by the President in exercise of powers conferred by proviso to Article 309 and clause (5) of Article 148 of the Constitu tion, after consultation with the Comptroller and Auditor-General of India. These rules are known as indian Audit & Accounts Department (Administra tive Officers, Assistant Accounts Officers, and Assistant Audit Officers) Recruit ment Rules, 1963 (hereinafter referred to as the Rules ). A copy of these rules has been annexed as C. A. I, to the counter-affidavit of Shri P. P. Dhir, Account ant General U. P. I, Allahabad. T