RESPONDENT: STATE OF GUJARAT & ORS. DATE OF JUDGMENT01/11/1976 KRISHNAIYER, V.R. KRISHNAIYER, V.R. BHAGWATI, P.N. FAZALALI, SYED MURTAZA CITATION: 1977 AIR 251 1977 SCR (1)1037 1977 SCC (1) 308 CITATOR INFO : RF 1980 SC1275 (24) R 1980 SC2056 (73) RF 1981 SC 41 (29,31) AP 1981 SC 357 (5) E 1981 SC 561 (70,72) R 1982 SC1244 (10,14) R 1983 SC 769 (22) R 1984 SC1291 (19,31) RF 1985 SC 774 (20) R 1985 SC 781 (13) R 1985 SC1019 (27) D 1985 SC1681 (5) RF 1986 SC 638 (15) RF 1986 SC1455 (10,11,12,16,17,18,19,20) E&D 1987 SC 424 (11,13,24) RF 1987 SC1676 (11) RF 1987 SC2359 (18) D 1988 SC 268 (26) RF 1988 SC 654 (10,13) R 1989 SC 278 (21) R 1990 SC1007 (20) NF 1991 SC 284 (1,24) ACT: Constitution of IndiaArticles 1416Civil Serv iceSeniorityDirect Recruits and promoteesQuotaWheth er roster implicitBenefit of ServiceWords & Phrases"As far as practicable". HEADNOTE: The appellants are the promotee Deputy Collectors in the State of Gujarat. The contesting respondents are the direct recruits to the parent cadre of Deputy Collectors. 7 Deputy Collectors who are the contesting respondents in this appeal and who were directly recruited as Deputy Collectors in and after 1963 claimed that they were senior to the appellants who were the promotees promoted as Deputy Col lectors between the years 1960 and 1963 by filing a Writ Petition ment to the posts of Deputy Collectors used to be Mamlatdars who were promoted as Deputy Collectors. In 1939, direct recruitment policy was also evolved for this post. By an order of 1941 the mode of determining seniority between direct recruits and promotees was settled. As far as the direct recruits were concerned, their seniority was to run from the date of their appointment on probation and in the case of promotees such service was to begin with promotion in substantive vacancy if continued without break. During the year 1950 to 1959 the direct recruitment was discontin ued. By the Bombay Government Resolution dated 3071959, the mode of direct recruitment was again started and the proportion in which the recruitment from the two sources, namely, the direct recruits and the promotees, was fixed as 50: 50 as far as practicable. On 151960, the Bombay State was bifurcated into Gujarat and Maharashtra. On 151960, a circular was issued by the Gujarat Government adopting the rules, resolu tions, notifications etc. of the Bombay State. By a further clarificatory resolution dated 2751960 Gujarat Government provided that nothing contained in the circular dated 15 1960 shall apply to appointments of officers, authorities or persons which may be made by the Government on or after 151960. During the year 195962,.no direct recruitment was made but many promotions were effected. The Writ Peti tion filed by the direct recruits was dismissed by a learned Single judge of the High Court. The Division Bench of the High Court, however, accepted the appeal of the con testing respondents. In an appeal by Special Leave the appellants contended: 1. The expression 'as far as practicable' in the resolution of 1959 provides a sensible safety valve. Therefore, the rule is neither exceptionproof nor abstractly absolute but realistic and flexibly true to life. 2. The mandate of equality in Articles 14 and 16 does not require pushing down the promotees in the seniority list in the fact of their actual service and legal appointment. 3. Rotation is not implicit in quota. Quota without rotation is also reasonable and constitutional as much as quota with rotation. The choice, both being permissible and fair, is left to the Administration. 4. The contesting respondents contended (i) The rule of law is the enemy of arbitrary absolutism and the discretion to disobey is a doctrine of despotism and cannot be sub scribed to by a Court. 1038 (ii) 'As far as practicable does not permit the State to deviate from it. It merely authorises provisional variations or adhoc solutions or emergenc