Hemant Gupta, CJ.

The challenge in the present petition is to the proviso to Rule 3 and Rule 6 (6) of the Madhya Pradesh Civil Services (General Conditions of Service) Rules, 1961 (hereinafter referred to as the 1961 Rules) in relation to its application to Madhya Pradesh Judicial Service. The relevant Rules read as under :-

"3. Scope of application. - The rule shall apply to every person who holds a post or is a member of a service in the State, except

(a) person whose appointment and conditions of employment are regulated by the special provisions of any law for the time being in force;

(b) persons in respect of whose appointment and conditions of service special provisions have been made, or may be made hereafter by agreement;

(c) persons appointed to the Madhya Pradesh Judicial Service:

Provided that in respect of any matter not covered by the special provisions relating to them, their services or their posts, these rules shall apply to the persons mentioned in clauses (a), (b) and (c) above.

6. Disqualification. - (1) No male candidate who has more than one wife living and no female candidate who has married a person having already a wife living shall be eligible for