- (1.) Leave granted.
(2.) This case has a long history. The dispute started when the Sikkim State Civil Service (hereinafter called "the Service") was constituted with effect from 1/7/1977 by rules framed under Article 309 of the Constitution of India, called Sikkim State Civil Service Rules, 1977 (hereinafter described as "the Rules"). It provided that the persons holding posts mentioned therein would be deemed to be members of the Service on the enforcement of the Rules. Rule 4 is important for the purpose of this case and provided for the method of recruitment to the Service: "4.Method of recruitment to the Service.- (1) Recruitment to the Service after the publishment of these rules shall be by the following methods, namely: (a) Competitive examinations to be held by the Commission; (b) Selection from among persons serving in connection with the affairs of the State of Sikkim. (2 The proportion of vacancies to be filled in any year in accordance with clauses (a) and (b) above, shall be 50 : 50 respectively: Provided that the number of persons, recruited under clause (h) above, shall not at any time exceed 50. 00 per cent of the total strength of the Service. (3 Notwithstanding anything contained in sub-rule (1, if in the opinion of the government exigencies of the Service so require, the government may, after consultation with the Commission, adopt such f method of recruitment to the Service other than those specified in the said sub-rule, as it may by notification in this behalf, prescribe. "
(3.) Rule 5 provided for constitution of a Selection Committee consisting of Chairman, Sikkim public service commission, and three other officers, to make recruitment under Rule 4 (l) (b). Under Rule 6, the merit list prepared by the Selection Committee was to be forwarded to the Sikkim Public 9 Service Commission for its final approval. Rule 8 laid down that the competitive examination for recruitment to the Service was to be conducted by the Sikkim public service commission. Rules 9, 10 and 11 provided for eligibility and other qualifications for admission to the competitive examination. Rule 12 stated that the decision of the Commission as to the eligibility or otherwise of a candidate for admission to the competitive examination shall be final.;