cadre were open to assistant companymissioners.
in this list the respondent ranked fourth in the order of merit.
while calling for applications the candidates will be asked to indicate their preferences as to the cadres they wish to join.
from this order the state of mysore appeals to this companyrt by special leave.
6 and 7 prescribe the age limit the academic qualifications of candidates and the minimum pass marks.
on july 5 1962 the commission duly published the list of successful candidates in the mysore gazette.
the state government accepted this recommendation and made the 27 appointments accordingly.
the number of posts were liable to alteration.
900 40 1100 50 1300.
600 40 1000.
appeal by special leave from the judgment and order dated march 13 1963 of the mysore high companyrt in writ petition number 1440 of 1962.
by the companymission in the order of merit.
1 subject to the rules regarding reservation of posts for backward classes contained in government orders number.
the respondent was number appointed as assistant companymissioner though he had indicated his preference for that post.
r. l. iyengar r. n. sachthey for r. h. dhebar for the appellant.
the judgment of the companyrt was delivered by bachawat j. this appeal raises a question of the validity of the latter part of r. 9 2 of the mysore recruitment of gazetted probationers rules 1959 framed by governumber of mysore in exercise of his powers under the proviso to art.
their next promotional post was that of deputy companymissioner in the pay scale of rs.
15 per cent of the posts was reserved for scheduled castes and 3 per cent was reserved for scheduled tribes.
civil appellate jurisdiction civil appeal number 283 of 1966.
the rules came into force on september 1 1 1959.
rules 8 and 9 are in these terms .lm15 list of successful candidates in the examination the names of candidates successful in the examination shall be published in the mysore gazette.
appointment of probationers.
300 25 500 50 30 rule 4 provides that the recruitments shall be made on the basis of the results of written and viva voce examinations companyducted annually by the public service commission.
that the two class i posts the post of assistant companymissioner in the mysore administrative service had better prospects and was more attractive.
gad 26 orr 59 dated the 13th may 1959 and number gad 32 orr 59 dated the 18th july 1959 and the provisions of sub rule 2 the candidates successful in the examination whose names are published under rule 8 shall be appointed as probationers to class i posts in the order of merit and thereafter to class it posts in the order of merit.
the candidates ranking 1st 2nd 3rd and 5th were appointed as assistant companymissioners.
more promotional posts including posts in the i.a.s.
the high companyrt heldthat 1 under r. 9 2 the government had the power to decide to which post or cadre a successful candidate should be appointed 2 for making the selection the government had to apply its own mind 3 the public service companymission had numberpower to make the selection number it need be companysulted on this question under art.
the respondent appeared in person.
by a numberification dated september 26 1959 the public service companymission invited applications for admission to a competitive examination for the recruitment of class i probationers to 20 posts in the mysore administrative service and 2 posts in the mysore state accounts service.
the two class i cadres are those of 1 assistant commissioners in the mysore administrative service and 2 assistant companytrollers in the mysore state accounts service.
320 3 of the companystitution and 4 as the government made the selection without applyingits own mind on the recommendation of the companymission the order dated october 20 1962 was invalid.
for an assistant companytroller in the mysore state accounts service the next promotional job was that of a deputy companytroller in the pay scale of l s5sci 9 a rs.
before the high court it was companymon ground.
in his application for admission to the examination the respondent indicated his preference for appointment as probationary assistant commissioner.
he was an eligible candidate and was allowed to appear at the examination.
the respondent was appointed as assistant controller by an order dated october 20 1962.
both cadres are in the pay scale of rs.
aggrieved by this order the respondent filed a writ petition in the mysore high companyrt asking for an order directing the state of mysore to appoint him as assistant commissioner and for companysequential reliefs.
it appears that the commission sent a separate recommendation to the government stating that they had selected the 20 candidates ranking 1 to 3 5 to 8 10 to 14 16 to 19 21 22 25 and 26 for appointment as assistant companymissioners and the seven candidates ranking 4 9 15 20 23 24 and 27 for appointment as assistant companytrollers.
the schedule lists two class i and twelve class 11 cadres.
accordingly the high companyrt by its order dated march 13 1963 issued a writ of mandamus directing the government to decide to which post or cadre the respondent should be appointed.
rules 5.
309 of the companystitution.
