Constitution of India, Art. 309, proviso-Scope of. Mysore State Civil Services (General Recruitment) Rules 1957 г. 3- Provision for service rules to be made for each service-Whether in absence of such rules has effect of suspending executive power of State under Art. 162 to make service appointments. Mysore Public Works, Engineering Department Services (Recruitment) Rules 1960 Considered-Mysore Public Service Commission (Functions) Rules, 1957-Whether statutory rules under Art. 309. By notifications issued in October 1958, May 1959 and April 1960, the Mysore Public Service Commission invited applications for the recruitment of 80 probationary Assistant Engineers. The qualifications, pay, age limit and other conditions for eligibility were prescribed by these notifications. On March 1, 1960, it was notified by the Governor, that for direct recruitment to appointments and posts in the services of the State, reservations for Scheduled Castes and Scheduled Tribes would be 15% and 3%; and the reservation for other backward classes would be 25%. Thereafter, in October and November 1960, the Mysore Public Service Commission interviewed the candidates and sent a list to the Government of 80 candidates selected by them. On December 3, 1960, the Government of Mysore sanctioned the establishment of the State Service Cadre in respect of the Mysore Public Works Engineering Department Service. On the same date, in exercise of the powers conferred by the proviso to Art, 309 the Governor made the rules called the Mysore Public Service Engineering Department Service (Recruitment) Rules 1960. These Rules prescribed in respect of each category of specified posts the methods of recruitment, whereby only 40% of the appointment could be made after an interview and an oral test and also prescribed the minimum qualifications, age limits, etc. for Assistant Engineers which were somewhat different from those prescribed in the earlier Notifications of the Mysore Public Service Com- mission relating to the recruitment of 80 Assistant Engineers. On October 23, 1961 the Governor made certain amendments to the 1960 Rules the effect of which was to make those rules retrospective with effect from March 1. 1958 and also to waive the requirements of the rules relating to the percentages for direct recruitment, educational qualifications, and age requirements, etc. in respect of direct recruitment of Assistant Engineers for the first time. Thereafter, on October 31, 1961, the Governor appointed 88 candidates as probationary Assistant Engineers. These appointments were challenged in 16 Writ Petitions filed in the High Court on the grounds inter alia, that (i) in view of Rule 3 of the Mysore State Civil Services (General Recruitment) Rules, 1957, which provided that the method of recruitment and qualifications for each, State Civil Service shall be set forth in the rules of recruitment of such service specially made in that behalf, the Government could not recruit the Assistant Engineers without framing the necessary rules; (ii) the State Government could not make rules retrospectively unless it had express powers to do so under the relevant statute; (iii) the appointments which were made on October 31, 1951 had to be made in accordance with the 1960 Rules but in fact were not so made; (iv) some of the appointments were made mala fide. These writ petitions were allowed by the High Court.

Constitution of India, Art. 309, proviso-Scope of.

Mysore State Civil Services (General Recruitment) Rules 1957 г. 3- Provision for service rules to be made for each service-Whether in absence of such rules has effect of suspending executive power of State under Art. 162 to make service appointments.

Mysore Public Works, Engineering Department Services (Recruitment) Rules 1960 Considered-Mysore Public Service Commission (Functions) Rules, 1957-Whether statutory rules under Art. 309.

By notifications issued in October 1958, May 1959 and April 1960, the Mysore Public Service Commission invited applications for the recruitment of 80 probationary Assistant Engineers. The qualifications, pay, age limit and other conditions for eligibility were prescribed by these notifications.

On March 1, 1960, it was notified by the Governor, that for direct recruitment to appointments and posts in the services of the State, reservations for Scheduled Castes and Scheduled Tribes would be 15% and 3%; and the reservation for other backward classes would be 25%.

Thereafter, in October and November 1960, the Mysore Public Service Commission interviewed the candidates and sent a list to the Government of 80 candidates selected by them.

On December 3, 1960, the Government of Mysore sanctioned the establishment of the State Service Cadre in respect of the Mysore Public Works Engineering Department Service. On the same date, in exercise of the porvers conferred by the proviso to Art, 309 the Governor made the rules called the Mysore Public Service Engineering Department Service (Recruitment) Rules 1960. These Rules prescribed in respect of cach category of specified posts the methods of recruitment, whereby only 40% of the appointment could be made after an interview and an oral test and also prescribed the minimum qualifications, age limits, etc. for Assistant Engineers which were somewhat different from those prescribed in the earlier Notifications of the Mysore Public Service Com- mission relating to the recruitment of 80 Assistant Engineers.

On October 23, 1961 the Governor made certain amendments to the 1960 Rules the effect of which was to make those rules retrospective with effect from March 1. 1958 and also to waive the requirements of the rules relating to the percentages for direct recruitment, educational qualifications, and age requirements, etc. in respect of direct recruitment of Assistant Engineers for the first time.

Thereafter, on October 31, 1961, the Governor appointed 88 candidates as probationary Assistant Engineers. These appointments were challenged in 16 Writ Petitions filed in the High Court on the grounds inter alia, that (i) in view of Rule 3 of the Mysore State Civil Services (General Recruitment) Rules, 1957, which provided that the method of recruitment and qualifications for each, State Civil Service shall be set forth in the rules of recruitment of such service specially made in that behalf, the Government could not recruit the Assistant Engineers without framing the necessary rules; (ii) the State Government could not make rules retrospectively unless it had express powers to do so under the relevant statute; (iii) the appointments which were made on October 31, 1951 had to be made in accordance with the 1960 Rules but in fact were not so made; (iv) some of the appointments were made mala fide. These writ petitions were allowed by the High Court.