JUDGMENT : R.C. Patnaik, J. - The Petitioners, who are members of the Orissa Industries Service Class I (Junior Grade), have filed this writ application under Articles 226 & 227 of the Constitution of India assailing the induction of opposite party No. 2 into the Orissa Industries Service, Class 1 (Junior Grade) and her posting in a post borne on the Class-1 Junior Grade as per Annexure-3. 2. A set of rules were framed in 1971 regulating recruitment to the posts in and the conditions of service of persons appointed to the Orissa. Industries Service called the "Orissa Industries Service Rules, 1971" (for short, 'the Rules'). The cadre of the service consists of two branches, namely, Class I and Class II, the former comprising of two grades, namely, Senior Grade and Junior Grade. The senior grade includes joint Directors and Officers of equivalent status as may be declared by Government from time to time and the Junior Grade includes posts of Deputy Directors, Senior Lecturers in Engineering Schools and such other posts as may be declared by Government from time to time to be of equivalent status. Post of Principals of Engineering Schools and Polytechnics which carry a special scale of pay are also included in the. Junior Grade, vide Rule 3(1)(ii) of the Rules. The method of recuitment to the service is provided in Rule 4 and it reads as under: 4. (1) Recruitment to Class II shall be made (i) by direct recruitment in accordance with Rule 5; (ii) by promotion of officers as provided under Rule 6. (2) Recruitment to Class I shall be made by promotion of officer, provided in rules 8 and 9. (3) Government shall decide ordinarily in the month of April each year the number of vacancies in the service in each of the branches of Class I and Class II to be filled in that year by direct recruitment and by promotion, as the case may be. It is pertinent to take note of the fact that there is only one mode of recruitment to Class I, namely, by promotion in the manner prescribed in Rule 8 or 9. Rule 8 prescribes the requirements of eligibility for promotion from Class II to Class I Junior Grade. To be eligible, the officer must have rendered 7 years of service in Class II. Rule 8 prescribes the requirements of eligibility for promotion from Class II to Class I Junior Grade. To be eligible, the officer must have rendered 7 years of service in Class II. of the Service and must have passed the prescribed departmental examination completely. Sub-rule (2) of Rule 8 prescribes the qualification necessary for recruitment to the post of Principal of any of the Engineering Schools or Polytechnics. Rule 9 lays down the requirements of eligibility for promotion to the Senior Grade of Class I with which we are not concerned. 3. The Petitioner have alleged that there was a Polytechnic for women at Rourkela run by the D.A.V. Trust. Opposite party No. 2 was its Principal. It was taken over by the Government with effect from 1-4-1974. Though a Polytechnic for women was of different character and the Government held out that such Polytechnics would maintain their individual and separate status, it appointed opposite party No. 2 in Class I of the Orissa Industries Service is violation of the provisions contained in the Rules and illegally posted her as Special Officer, Planning and Design Cell of Industries Department, a post borne in the Junior Grade of Orissa Industries Service Class I, as per Annexure-3 dated 18-6-1977. Her initial appointment to the Service and subsequent posting as per Annexure-3 are illegal and invalid. 4. In the return submitted the opposite party No. 1 has taken the stand that having regard to the office opposite party No. 2 was holding and the scale of pay she was enjoying when S.K.D.A.V. Polytechnic was taken over, the State Government created a post of Principal in Class I of the Orissa Industries Service in the scale of Rs. 800-1250/- for the S.K.D.A.V. Polytechnic for women at Rourkela from 1-4-1974 and opposite party No. 2 was provisionally appointed as the Principal in Class I Service for a period of six months by notification No. 15020.1 dated 11-6-1974 pending concurrence of the Orissa Public Service Commission. Concurrence was received under Annexure-B dated 16-9-1975 and she was allowed to continue as Principal of S.K.D.A.V. Polytechnic in Class I of the Orissa Industries Service by notification dated 29-9-1975 (See Annexure-C). Concurrence was received under Annexure-B dated 16-9-1975 and she was allowed to continue as Principal of S.K.D.A.V. Polytechnic in Class I of the Orissa Industries Service by notification dated 29-9-1975 (See Annexure-C). As services of incumbents in Class I posts are inter-changeable, there is nothing wrong in posting opposite party No. 2 as Special Officer, Planning and Design Cell, Industries Department, which is also a post in the Junior Grade of Class I Service of Orissa Industries Service. Mr. Misra, the learned Counsel for the Petitioners, has vehemently urged that appointment to Junior Grade of Class I Service could only be made in accordance with the Rules. As opposite party No. 2 did not fulfil the requirements, her appointment was ultra vires. The learned Additional Government Advocate repelled the submissions contending that the Rules applied to normal situations. When the Government took over S.K.D.A.V. Polytechnic for women, posts had to be created in the Orissa Industries Service and the incumbents had to be brought on the cadre. He referred to Rule 23 containing the provision regarding relaxation. 5. S.K.D.A.V. Polytechnic for women until 1-4-1974 when it was taken over by the State Government was under private management. Therefore, a decision regarding the status, absorption and service conditions of the incumbents holding the posts was necessary. The Government decided that the post of the Principal of the Polytechnic should be included in the Junior Grade of Class I like the posts of Principal of other Polytechnics. The Government was competent to do so. Having regard to the provision contained in Rule 3(1)(ii), the Government could include in the Junior Grade of Class I of Orissa Industries Service such other posts as it might declare from time to time to be of equivalent status. The declaration as contemplated in Rule 3(1)(ii), however, does not ipso facto induct the incumbent into the service. The recruitment to the posts in the Service are governed and regulated by the provisions contained in the Rules, namely Rules 4 to 15 of Part III. Rule 4(2) categorically states that recruitment to Class I shall be made by promotion. No other mode is contemplated and is therefore, permissible. Inclusion of a post into the Junior Grade of Class I Service by declaration as provided in Rule 3(1)(ii) does not ipso facto induct the incumbent of the post into the Service. Rule 4(2) categorically states that recruitment to Class I shall be made by promotion. No other mode is contemplated and is therefore, permissible. Inclusion of a post into the Junior Grade of Class I Service by declaration as provided in Rule 3(1)(ii) does not ipso facto induct the incumbent of the post into the Service. To be a member of the Service the eligibility requirements are to be satisfied, the mode has to be followed. The Rules having covered the entire gamut of recruitment, recruitment can be made in accordance with the Rules. To meet exigencies of public service provision has been made in Rule 23 as under: 23. Where the State Government are of opinion that it is necessary or expedient so to do, they may, by order for reasons to be recorded in writing and in consultation with the Commission relax any of the provisions of the rules in respect of any class or category of persons or posts. The Rule empowers the State Government to relax the rules in consultation with the Public Service Commission in respect of any class or category of persons or posts. Hence, the decision to relax must follow consultation with the Commission and reasons justifying the relaxation have to be recorded. 6. Inasmuch as we are of the view that declaration of a post as belonging to the Junior Grade of Class I Service does not automatically induct the incumbent at the relevant time to the Junior Grade, appointment to Junior Grade of Class I Service has to satisfy Sub-rule (2) of Rule 4 as regards the mode and Rule 8 as regards the requirements of eligibility. Admittedly, opposite party No. 2 was not appointed to the Junior Grade of Class I Service by promotion. She did not fulfil the requirements of eligibility contained in Rule 8 especially Sub-rule (2)(iii) thereof. Her appointment as per Annexure-A to Class I Service is recruitment to Class I. The said recruitment being in derogadon of Sub-rule (2) of Rule 4 and Rule 8 is invalid. Her subsequent posting as Special Officer, Planning and Design Cell of the Industries Department as per Annexure-3 is also invalid. Her appointment as per Annexure-A to Class I Service is recruitment to Class I. The said recruitment being in derogadon of Sub-rule (2) of Rule 4 and Rule 8 is invalid. Her subsequent posting as Special Officer, Planning and Design Cell of the Industries Department as per Annexure-3 is also invalid. We may note that the Public Service Commission while conveying its views on the absorption of the incumbents of the S.K.D.V. Polytechnic observed: the above categories of posts of the said institution should be included in the Schedule of posts of the Orissa Industries Service Class I and Class II. (See Annexure -B) 7. In the counter affidavit filed on 22-2-1980, opposite party No. 1 relied upon its power under Rule 23 to relax the rules in appropriate cases. Learned Counsel for the State has contended that an outsider can be appointed to Class I Service straightaway without fallowing the prescribed method or mode by relaxing the rules. The Petitioners controverted the aforesaid position and called upon the State Government to produce any decision or order of Government showing exercise of power either under or in accordance with Rule 23 or under the omni bus power to relax as contained in notification No. 16359-A dated 30-9-1955. By order dated 29-6-1981 the State Counsel was directed to produce at the time of hearing the decision of the State Government relaxing the rules vis-a-vis opposite party No. 2. Neither during the course of argument on 7-5-1986 nor on 8-5-1986 to which the case was adjourned to enable the counsel for the State to produce the decision or order of the Government, was it produced or placed before us. We, therefore, negative the contention urged on behalf of opposite party No. 1 that rules were relaxed in exercise of powers contained in Rule 23 or under the notification No. 16359-A dated 30-9-1955. 8. Learned Counsel for opposite party No. 1 has urged on us to dismiss the writ application on the ground of delay. The Petitioners on the other hand have alleged that the appointment of opposite party No. 2 was surreptitiously made and so long as she continued as Principal, S.K.D.A.V. Polytechnic for women they were the least affected. 8. Learned Counsel for opposite party No. 1 has urged on us to dismiss the writ application on the ground of delay. The Petitioners on the other hand have alleged that the appointment of opposite party No. 2 was surreptitiously made and so long as she continued as Principal, S.K.D.A.V. Polytechnic for women they were the least affected. When she was posted as Special Officer, Planning and Design Cell of the Industries Department as per Annexure-3 in June, 1977 and was brought to the cadre directly, that affected their future promotional prospects. Representation as per Annexure-5 was made on 23-1-1978 and when no decision was taken thereon for about 6 months, the writ application was filed on 10-7-1978. Having regard to the facts and circumstances of the case we are of the view that there has been no undue delay in approaching this Court. 9. In the result, the writ application is allowed. There would be no order as to costs. H.L. Agrawal, C.J. 10. I agree. Final Result : Allowed