JAGAT NARAYAN, J. - (1.) THIS is a special appeal against a judgment of a learned Single Judge in writ petition No. 79 of 1967 under Article 226 of the Constitution by which he held Rule 28 -B (2) of the Rajasthan Administrative Service Rules 1954 to be void and parts of the circular dated 27 -8 -66 'bad' and in consequence issued a direction that the four officers of that Service who had been impleaded in the writ petition namely Sarva Shri R. D. Mathur, S. C. Pagoria, Munna Lal Goyal and Prithvi Singh shall not hold senior scale posts.
(2.) THE writ petition was filed by Shri Guman Singh, a member of the R. A. S. who was considered for promotion but was not promoted by the Departmental Promotion Committee to the senior scale, but the above four officers along with several others were promoted. These four officers alone were impleaded as they were junior to the petitioner in the ordinary time scale and the others who were promoted were senior to him. The Rajasthan Administrative Service was constituted in 1954, and officers belonging to various covenanting States were appointed to it initially. Under the R. A. S. Rules 1954 (hereinafter referred to as the Rules) recruitment to the Service is made from different sources as enumerated in Rule 7. Broadly speaking one source is a competitive examination held by the Public Service Commission and the other sources are selections from, specified categories of subordinate services. In 1957 an emergency recruitment took place in which selection was made from amongst other categories of subordinate services as well as from several other classes including persons in private service through the Public Service Commission which held a limited competitive examination.
(3.) THE petitioner was an Inspector in the Excise Department from 1948 and was recruited to the Service from this source. Shri R. D. Mathur respondent, was also recruited from this source. Shri S. C. Pagoria and, Shri Munna Lal Goyal, respondents, were recruited in 1956 as a result of a competitive examination held by the P. S. C. Shri Prithvi Singh, respondent, was promoted from amongst Tehsilders in 1957.;