Judgment

PALEKAR, J.: - This is an appeal by special leave from an order of the High Court of Punjab and Haryana dated 31-1-1973 passed in Civil Writ No. 1541 of 1972. That was a Writ Petition filed by respondents 1 to 3 for a mandamus. The petition was allowed and by its judgment the High Court issued a mandamus to the appellant to select respondents 1 to 3 under R. 10 (ii) of Part C of the Punjab Civil Service (Judicial Branch) Rules so that their names are brought on the High Court Register for appointment as Subordinate Judges in the Haryana State. The aforesaid rules had been adopted by the Haryana State after bifurcation.

2. On 3-2-1970 an advertisement was published in the Government Gazette to the effect that the Haryana Public Service Commission will hold an examination for recruitment of candidates for 15 vacancies in the Haryana Civil Service (Judicial Branch). In response to the advertisement a number of candidates appeared for the examination held in November 1970. The result of the competitive examination was declared and published in the Haryana Government Gazette on April 6, 1971. It was a list of 40 candidates who obtained 45% or more marks in the examination. The St