( 1 ) THESE two writ petitions are disposed of by this common order as the questions raised are the same. ( 2 ) THE petitioners in both the petitions have challenged the legal and constitutional validity of the Karnataka education Department Services (Department of Public Instructions recruitment) (Second Amendment rules, 1974, (hereinafter referred to as the Amendment Rules) which read as follows:"1. Title and commencement: (1) these rules may be called the Karnataka education -Department Services (Department of Public Instructions) (Recruitment) Second Amendment rules, 1974. (2) They shall come into force on the date of their publication in the karnataka Gazette 2. Amendment of the schedule: in the Schedule to the. Karnataka education Department services (Department of Public instructions) (Recruitment) Rules, 1967, in the entries relating to the category of posts of Assistant D. P. I. Commerce Education at SI- No. 25 for the entries in Col. 3 and 4, the following entries shall be substituted viz. , (i) By transfer of a suitably qualified class II Officer in the cadre of head Master Headmistress (S. No, 18) including those transferred to other Class II Posts from the cadre of head Master | Head-Mistresses. (ii) If no suitable person is available under (i), by appointment by selection from among selection grade stenographers and stenpgraphers of the. State Civil Services, preference being given to S. G. S. , selection being made by a Committee constituted by the Government for the purpose. (iii) If no suitable reason is available under (i) and (ii), by promotion on the basis of seniority-cum-merit from among the duly qualified persons in the cadre of secondary school Assistants gr. I including those transferred to other class II posts from the grade of secondary School Assistants Gr. II. (iv) By direct recruitment, if no qualified and suitable person is available for appointment by methods (i) (ii) and (iii) above. For direct recruitment; (a) B. Com,, degree of a University established by law in India or qualification recognised by the State Government as equivalent thereto. (b) Diploma in stenography recognised by the State Government or any qualification recognised by the State government as equivalent thereto; or a pass in Senior shorthand and Senior typewriting Examinations recognised by the State Government or a qualification recognised by the State Government as equivalent thereto. (b) Diploma in stenography recognised by the State Government or any qualification recognised by the State government as equivalent thereto; or a pass in Senior shorthand and Senior typewriting Examinations recognised by the State Government or a qualification recognised by the State Government as equivalent thereto. (c) Five years experience in the office, educational institutions or centres conducted or recognised by the State government. Age: Not more than 35 years. For promotion or transfer or appointment by Selection: (a) same as for direct recruitment. (b) should have passed the following Departmental Examinations. (1) General Law - Paper I and II. (2) Accounts Higher. Age: No limit. " ( 3 ) ACTUALLY the challenge, is confined to prescription of qualifications under rule 2 (iv) (a) and (b) of the rules applicable to direct recruitment. The impugned Amendment Rule has been framed under proviso to Art. 309 of the Constitution by the Governor. ( 4 ) IT is unnecessary to set out in detail the averments of the petitioners. It is alleged that the amendment Rules were brought about in order to favour one Shri Ramachandra who was at one time personal Stenographer to the chief Secretary to the Government of karnataka who had been promoted under the Karnataka Education department Services (Department of public Instructions) (Recruitment rules, 1907, (hereinafter referred to as the Rules ). However, his appointment to the Post of Assistant Director of public Instructions (Commerce Education) came to be struck down by this Court in W. P. No. 1509/1971 on 29-3-1973. It was thereafter that the amendment Rule was promulgated. The petitioners in both the petitions have stated that these Rules have been brought into effect in order to assist the said Ramachandra in securing one of the four posts of Assistant Directors of Public Instructions (Commerce education) available in the State of karnataka. It is also contended for the petitioners that the post is an executive post carrying the responsibilities of purely executive ' functions such as inspecting various Commerce institutes in the State and sumbit a report to the Governmment and also to issue licence|recognition for opening institutes. ( 5 ) THE duties and functions of the office of the Assistant Director of public Instructions (Commerce Education) require him to keep a supervisory eye as to whether there are qualified hands in these commerce institutes. ( 5 ) THE duties and functions of the office of the Assistant Director of public Instructions (Commerce Education) require him to keep a supervisory eye as to whether there are qualified hands in these commerce institutes. ( 6 ) THE arguments advanced by Shri muralidhar Rao and adopted by Mr. K. S. Desai for the petitioners is that these functions do not require the prescription of a Commerce Degree coupled with a diploma in stenography recognised by the State Government or any other examinations equivalent thereto. Similarly, the alternative qualification prescribed , under Rule (iv) and (b) of the Amendment Rules has no nexus to the duties and functions of the office. ( 7 ) IT is convenient to deal with the second argument first and get it out of the way It is common knowledge that commerce institutes generally coach and confer diplomas in Typewriting and Shorthand. If supervisory control over these institutes has to be maintained through officers of the state Government in the Department of Public Instructions, it is not a disqualification if the Government has thought fit to prescribe the qualifications under Rule 2 (iv) (a) and (b) of the Rules as this specialised qualification of being a commerce graduate and reasonably good stenographer and typist will be of assistance in discharging his duties. Apart from this consideration, the Government is the best judge as to what they want 33 the qualification in a particular officer. ( 8 ) IT should be noticed that direct recruitment for the posts of Assistant director of Public Instructions (Commerce Education) is the fourth alternative source after the first thre sources have failed to produce the candidates to fill up the vacancy by promotion- From the Amendment Rules set out earlier it is very clear that the Government is required to fill up the post of Assistant Director of Public instructions (Commerce Education) by transferring qualified class II Officer in the cadre of Head-Master or Head- mistress including those transferred to other class II posts from the said cadres. If no suitable person is found in that cadre, then the appointments to the posts in question have to be made by Selection, from among Selection grade Stenographers and Stenographers of the State Civil Services, preference being given to Selection Grade stenographers. If no suitable person is found in that cadre, then the appointments to the posts in question have to be made by Selection, from among Selection grade Stenographers and Stenographers of the State Civil Services, preference being given to Selection Grade stenographers. If no suitable person is available from the category of stenq- graphers in State Civil Service then the third source is meant for Secondary school Assistants Grade I- Thus, it is seen that any attack regarding the? validity cf the Amendment Rule (iv) (a) and (b) of the Rules on the ground that it is meant to favour a single person should be rejected because no such appointment made under Rule 2 (iv) of the Rules will be a valid appointment unless it is demonstrated by the appointing authority, namely, the respondent- state that the first three sources have been exhausted- When this is the scheme of the Amendment Rules, the statement of objections filed on behalf of the respondent-State that it is not made to benefit Shri Ramachandra, as contended for the petitioner, is to be accepted. ( 9 ) NO other infirmity is pointed out by Shri Murlidhar Rao which renders the Amendment Rules invalid, though in WP. No. 748)1975 it is averred that it violates Arts. 14 and 16 (1) of the Constitution. I am unable to see how the amendment Rules violate the said Articles as equal opportunity is available to all those who possess the qualifications which are prescribed validly under Rule 2 (i) to (iv) of the Amendment Rules. ( 10 ) IN the result, I hold that the Rules are valid and validly made. The petitions are therefore dismissed. But in the circumstances of these cases, there will be no order as to costs. --- *** --- .