N.C. SHARMA, J.—This order will decide 10 Civil Writ Petitions Nos. 4811/88 514/81,1558/1985, 593/1985, 768/1985, 1736/1984, 2995/1988, 1550/ 1988, 785/1985 and 107/1975, by a common judgment because in all of them a common question is involved as to whether Rajasthan State Electricity Board (hereinafter for short, referred to as "the Electricity Board") and the Rajasthan Housing Board, Jaipur (hereinafter, for short, "the Housing Board") can make appointments to various categories of posts in the respective Boards, by taking services of persons working under the State of Rajasthan on deputation to these Boards. 2. S.B. Civil Writ Petition No. 4811/1988 has been filed by the Rajasthan Thermal Engineering Association, Kota through its Joint Secretary, Shri R. K. Aeran It has been alleged that the Rajasthan Thermal Engineers Association is an association of the Engineers working in the thermal units of the Rajasthan State Electricity Board, Kota. It is a Union registered under the Trade Unions Act and works for the welfare and betterment of the service conditions of Thermal Engineers working in the Rajasthan State Electricity Board. It has its constitution and by-laws and it had authorised its Joint Secretary Shri R. K. Aeran to file this writ petition by resolution Ex.1. In exercise of the powers conferred by Sec. 79 of the Electricity (Supply) Act, 1949, the Electricity Board framed the Rajasthan State Service of Engineers (Recruitment, Promotion and Seniority etc) Regulations, 1969 (for short hereinafter "1968 Regulations"), which came into effect from 1.10.1970. They apply to every members of the Service and to the persons whose services were placed at the disposal of the Board. Initially, the members of this service constituted of persons specified in Regulation 5 of 1969 Regulations. The nature of posts included in each category of the Service has been specified in Column 2 of Schedule I attached to 1969 Regulations and the number of posts in each category was to be such as was to be determined by the Electricity Board from time to time. Regulation 7 deals with the sources of recruitment and it reads as unden:— "7". Source of recruitment:- Recruitment to the Service after the commencement of these regulations shall be made by either of the following methods:— (i) By direct recruitment, in accordance with Parts IV and V of these Regulations. (ii) By promotion of Junior Engineer Gr. I/Junior Engineer Gr. Regulation 7 deals with the sources of recruitment and it reads as unden:— "7". Source of recruitment:- Recruitment to the Service after the commencement of these regulations shall be made by either of the following methods:— (i) By direct recruitment, in accordance with Parts IV and V of these Regulations. (ii) By promotion of Junior Engineer Gr. I/Junior Engineer Gr. II in accordance with Part-VI of these regulations in the proportion indicated in Column 4 of the Schedule-I; Provided that if the Board is satisfied that suitable persons are not available for appointment by either method of recruitment in a particular year, appointment by either method in relaxation of the prescribed proportion may be made in the same manner as prescribed in these regulations." 3. Schedule I appended to the Regulations specifies various categories of posts like Assistant Engineer (Civil), Assistant Engineer (Tele-communication), Assistant Engineer (Mechanical), and Assistant Engineer (Electrical) including Assistant Controller of Stores. These are the junior posts included in the Service. So far as the senior posts are concerned, there are pasts of Executive Engineer (Civil), Executive Engineer (Tele-communication), Executive Engineer (including Deputy Controller of Stores), Superintending Engineer, including Controller of Stores, Superintending Engineer, Addl. Chief Engineer and Chief Engineer. Column 4 of Schedule-specifies method of recruitment along with ratio where more than one method of recruitment is provided for. Column 6 specifies qualifications and experience, where appointment to a post is to be made by promotion and under Column 7 is specified qualification and experience required for direct recruitment. 4. Regulation 7, as reproduced above, mentions two sources of recruitment i.e. by direct recruitment and by promotion with the proviso that if the Board is satisfied that suitable persons are not available for appointment by either method of recruitment, in a particular year, appointment by other method in relaxation of the prescribed proportion may be made in the same manner as prescribed in the Regulations. Part [V and V of the Regulations deal with direct recruitment, qualification and other conditions and procedure for direct recruitment. Part VI of the Regulations deals with qualification and procedure for recruitment to the Service by promotion. Part VII specially deals with qualifications and procedure for appointment to senior posts. 5. According to the petitioner, there is no provision in the 1969 Regulations for deputation of a Rajasthan Government employees to various categories of posts included in the Service. Part VI of the Regulations deals with qualification and procedure for recruitment to the Service by promotion. Part VII specially deals with qualifications and procedure for appointment to senior posts. 5. According to the petitioner, there is no provision in the 1969 Regulations for deputation of a Rajasthan Government employees to various categories of posts included in the Service. The petitioner has enclosed with his writ petition the seniority lists issued from time to time by the Electricity Board of various categories of posts. The petitioner has also enclosed a statement of deputationists working in the Electricity Board from other departments as Schedule B. It is asserted that the Engineers from various Government Departments are brought by way of deputation so as to occupy various posts in the Electricity Board as well as in other autonomous Bodies and Corporations in the State of Rajasthan. It has detailed five writ petitioners agitating the same very point pending in this Court in para 14 of the petition. According to it, while this matter was being agitated in this Court, Cabinet memos were submitted by the concerned Department and the Government of Rajasthan in Public Works Department had issued a letter dated March 25, 1985 (Anx. 13) to the Chairman and Managing Director of the various autonomous bodies, Boards, and statutory Corporations, including with it Cabinet orders of the Council of Ministers and had told them that the directions of the Cabinet as contained in the cabinet memo may be complied with. A meeting was also convened on August 1, 1988 under the Chairmanship of the Chief Secretary and after discussions, decisions were taken that all the Corporations, autonomous bodies and non-Engineering Departments should implement the decision of the Cabinet strictly. Small group was to be formed to see the possibility of integration of the Engineering Service; The Engineering Department should take prior consent of the Corporation/autonomous bodies before sending officers on deputation and should not withdraw the officers in mid-session and withdrawal should be done with the consent of the Corporation. The petitioner Association has prayed that the orders of the Cabinet Exs. The petitioner Association has prayed that the orders of the Cabinet Exs. 10 to 13 may be declared as void and as inconsistent with the 1969 Regulations and the Electricity Board may be directed to convene the meeting of the Departmental Promotion Committee for various posts specified in Schedule I to 1969 Regulations on year-wise basis against all the posts, and the officers brought on deputation from the Government Departments may be directed to be sent back to their parent departments. 6. Reply to the writ petition has been filed by the State of Rajasthan as well as by the Rajasthan State Electricity Board. According to the stand taken by the Government of Rajasthan, the Electricity Board has its own discretion to fill the posts of Engineering personnels from other departments when eligible and suitable persons are not available with it and so far as the posts of Superintending Engineer, Addl. Chief Engineer and Chief Engineer (Civil) are concerned, the posts can be filled by any method of recruitment because these posts are not encadered in the Service Constituted by 1969 Regulations. With regard to Cabinet memo and orders, it is also stated that they are with respect to posts which are not encadered in the Service by the said Regulations. It has also been pleaded that the petitioner has not produced its constitution and bye-laws and in the absence of that, it cannot claim that it represents all Thermal Engineers. The Electricity Board has not said that so far as the appointment to the posts of Superintending Engineer, Deputy Chief Engineer, Addl. Chief Engineer and Chief Engineer are concerned, 1969 Regulations cover the case of Electrical and Mechanical Engineers and so far as Civil Engineering side is concerned, the appointments are made by the Electricity Board taking into consideration its requirements and need. It is also said that the interests of Electricity Board are best subserved by having the freedom to appoint persons on the above posts on the civil side who were best suited for the job as they possess specialised knowledge and experience required for the post. It has relied on proviso to Regulation 7 of 1969 Regulations. 7. Apart from Thermal Association, the Rajasthan State Electricity Board Officers Association has also filed Civil Writ Petition No. 1558/1985. It has relied on proviso to Regulation 7 of 1969 Regulations. 7. Apart from Thermal Association, the Rajasthan State Electricity Board Officers Association has also filed Civil Writ Petition No. 1558/1985. In this writ petition, it has been prayed that no appointment to any of the posts covered by the Rajasthan State Electricity Board Officers (Recruitment, Promotion and Seniority) Regulations, 1974 can be made by deputation and even with regard to the posts of Financial Advisor, Controller of Accounts and Chief Internal Auditor/Controller of Accounts, no appointment on deputation can be made without recording a finding that no officer in the Electricity Board for the above posts was available for promotion. Reliance has been placed upon Sec. 15 of the Electricity (Supply) Act, 1948 and it is stated that the State Government has no jurisdiction to make any appointment by way of deputation or otherwise on any of the posts included in the Schedule appended to 1974 Regulations. It is stated, in relation to the posts of Financial Advisor and Controller of Accounts that it is only when a person in the Board is not suitable for promotion to the said post, then only resort can be made to direct recruitment of deputation. 8. The other sets of writ petitions concern the appointment and promotions in the Rajasthan Housing Board, Jaipur. Civil Writ Petition No 514/1981 submitted by Tara Chand Mittal is against the State of Rajasthan and one Shri K.K. Bagda, Assistant Engineer. Petitioner Tara Chand Mittal is a degree holder in Civil Engineering. Initially, he was appointed as Junior Site Engineer by the Housing Board by its order dated 9.02.1973 and later on his selection as Site Engineer was conferment on the said post. According to him, the post of Resident Engineer in the Rajasthan Housing Board is equivalent to the post of Executive Engineer in various Engineering Departments of the State of Rajasthan. According to the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976 (hereinafter for short, "the 1976 Regulations"), which were framed under sec. 53 of the Rajasthan Housing Board Act, 1970 (for short, hereinafter "1970 Act"), the source of recruitment for the post of Resident Engineer is by 100%, from amongst the Site Engineers. The minimum experience and qualification for promotion specified is degree holder for 5 years experience on the post of Site Engineer/Structural Engineer. 53 of the Rajasthan Housing Board Act, 1970 (for short, hereinafter "1970 Act"), the source of recruitment for the post of Resident Engineer is by 100%, from amongst the Site Engineers. The minimum experience and qualification for promotion specified is degree holder for 5 years experience on the post of Site Engineer/Structural Engineer. The note appended below the relevant entry states that where suitable candidates are not available either by direct recruitment or by promotion, the Board will be free to take suitable officers on deputation. The petitioner asserts that he was eligible for promotion to the post of Resident Engineer. However, in view of the various cabinet memos and orders of the Government, the posts had been filled in by deputation of officers from various departments of the government. The petitioner states that persons cannot be taken on deputation in the Housing Board on the higher engineering post unless and until it was found that suitable persons were not available either by direct recruitment or by promotion. The petitioner has, therefore, prayed for an appropriate writ, order or direction. 9. S.B. Civil Writ Petitions No. 593/1985 and 107/1985 are more or less on the same lines as the Writ Petition No. 514/1°81 filed by Tara Chand Mittal. S.B. Civil Writ Petition No. 768/1985 has been filed by the Rajasthan Housing Board Officer (Technical) Association through its President Shri S.N. Dall. In this writ petition, the petitioner has challenged the validity of certain cabinet memos and cabinet order, and further prayed for restraining the Rajasthan Housing Board from appointing Engineers from the Government Departments on deputation in the Rajasthan an Housing Board unless and until a finding is recorded that suitable persons are not available for appointment by direct recruitment or by promotion. Similarly Writ, Petitions Nos. 1550/1988, 2995/ 1988 and 785/1985 are also more or less on the same lines. 10. I shall first deal with the writ petitions which have been filed against the Rajasthan State Electricity Board. It has very well been settled by the decision in Rajasthan State Electricity Board Vs. Mohan Lal (1) that the Electricity Board is covered by the expression "other authority" in Art 12 of the Constitution of India and is, therefore, "State" for the purpose of Chapters III and IV of the Constitution. That case was dealt with initial constitution of service in the Rajasthan State Electricity Board. Mohan Lal (1) that the Electricity Board is covered by the expression "other authority" in Art 12 of the Constitution of India and is, therefore, "State" for the purpose of Chapters III and IV of the Constitution. That case was dealt with initial constitution of service in the Rajasthan State Electricity Board. In S.B Moghe Vs. Union it has been laid down that when an service is proposed to be constituted it is fully within the competence of the Government to decide as a matter of policy the source from which the person required for manning the service are to be drawn. That case related to a situation where the service created had no recruitment rules and, as such it was according to the initial constitution of service. 11. There can be no room for doubt that the Rajasthan State Electricity Board is a statutory Board and it has been constituted under Sec. 5(1) of the Electricity (Supply) Act, 1948, Sec. 15 of the Act of 1948 deals with appointment of staff. It provides that the Board may appoint a Secretary and such other officers and employees as may be required to enable the Board to carry out its functions under the Act. The only exception made in Sec. 15 is to the effect that the appointment of the Secretary shall be subject to the approval of the State Government. Sec. 79 of the 1948 Act provides that the Board may make regulations not in-consistent with the Act and the Rules made thereunder to provide for all or any of the matters enumerated in Clauses (a) to (k) of the said Section. Clause (c) enumerates that the matter relating to the duties of officers and other employees of the Board and their salaries, allowances and other conditions of service, while Clause (k) empowers framing of regulations relating to other matters arising out of the Boards functions under the Act for which it was necessary or expedient to make regulations. 1969 Regulations were framed under sec. 79 Clause (c) and (k) of the Act. While the regulations under clauses (a), (d), (f) and (j), before their framing, require previous approval of the State Government or the authority, but so far as service rules are concerned, they do not require any previous approval of the State. Government. 1969 Regulations were framed under sec. 79 Clause (c) and (k) of the Act. While the regulations under clauses (a), (d), (f) and (j), before their framing, require previous approval of the State Government or the authority, but so far as service rules are concerned, they do not require any previous approval of the State. Government. The only requirement is that the regulations framed should not be inconsistent with the Act or the rules made there under and that they should be in respect , of the matters arising out of Boards functions under the Act. 12. Reference may be made to Sec. 78A of the Act. It provides that in discharge of its functions, the Board shall be guided by such directions on question of policy as may be given to it by the State Government. If any dispute arises between the Board and the State Government as to whether the question is or is not a question of policy, it is to be referred to the Authority, of whose decision has been made final. On a reading of these provisions together, there is no room for any doubt that it is the Rajasthan State Electricity Board who can make appointment of the staff to carry out its functions under the Act. The Board can [subject to the provisions of the Act and rules made there under, regulate the terms and conditions of officers and other employees of the Board, their salaries, allowances and other conditions of service and also frame regulations relating to any other matter not covered by Clause (c) of Sec. 79, if it arises out of Boards functions under the Ac. The only rider upon the Boards power relates to the appointment of Secretary. The Secretary of the Board can only be appointed subject to the approval of the State Government. 13. In this back ground, we have to refer to 1969 Regulations. It is clear from these Regulations along with Schedule I appended to it that in relation to civil engineers of the State, the only level of posts which are included in the Service is of Executive Engineer (Civil). So far as the posts of Superintending Engineer, Addl. Chief Engineer and Chief Engineer are concerned, they do" not relate to Civil Engineering side. No Civil Engineer under 1969 Regulations can hold the post of Chief Engineer, Addl. So far as the posts of Superintending Engineer, Addl. Chief Engineer and Chief Engineer are concerned, they do" not relate to Civil Engineering side. No Civil Engineer under 1969 Regulations can hold the post of Chief Engineer, Addl. Chief Engineer and Superintending Engineer as categorised in Schedule I. The various qualifications laid down for these posts make it very clear. So far as the post of Superintending Engineer is concerned, it is provided that he must hold degree in Engineering, Electrical or Mechanical, or a degree or diploma of a Foreign University or institution declared by Government to be equivalent to a degree of a University. The person eligible for the post of Superintending Engineer, including Controller of Stores, is Executive Engineer Simplicitor, and not Executive Engineer (Civil). It is pertinent to note that the Schedule provides various categories of Executive Engineers like Executive Engineer, Executive Engineer ( Tele-communication ) and Executive Engineer (Civil). It is only Executive Engineer who has been made eligible for selection to the post of Superintending Engineer, including Controller of Stores. It is through the post; of senior Superintending Engineer that the Superintending Engineer is eligible for the post of Addl. Chief Engineer and Chief Engineer respectively. The Superintending Engineer, Addl. Chief Engineer Superintending Engineer are eligible for the recruitment to the post of Chief Engineer. A person holding a first class degree in Electrical & Mechanical Engineering with five years experience as Superintending Engineer is eligible by direct Recruitment, These entries in Schedule I leave no room for doubt that the 1969 regulations do not at all make Executive Engineer (Civil) eligible for promotion to the higher posts of Superintending Engineer, Addl. Chief Engineer and Chief Engineer. 14. It was, however, not disputed that appointments by deputation have been made in the Rajasthan State Electricity Board on the posts designated as Superintending Engineer (Civil), Addl. Chief Engineer (Civil) and Chief Engineer (Civil).. No doubt, if these higher posts in civil engineering side have been tiled in by the Rajasthan State Electricity Board, there cannot be any doubt that the Board can make appointments to these posts of Civil Engineering side. However, it is very clear that they are not encadered posts, meaning thereby, the post included in Schedule 1 of 1969 Regulations. No doubt, if these higher posts in civil engineering side have been tiled in by the Rajasthan State Electricity Board, there cannot be any doubt that the Board can make appointments to these posts of Civil Engineering side. However, it is very clear that they are not encadered posts, meaning thereby, the post included in Schedule 1 of 1969 Regulations. The 1969 Regulations do not affect the powers of the Electricity Board to appoint such other officers as required by it to perform its functions. Although, primarily, the Rajasthan State Electricity Board deals with generating, maintenance and distributing electricity, but, in the discharge of its essential functions, it has also to carry out so many construction work to enable it to perform its prime functions. For that it needs Civil Engineers also and that is why the post of Assistant Engineer (Civil) and Executive Engineer (Civil) have been included in the Schedule. So far as these lower category of posts of Junior Engineer (Civil), Assistant Engineer (Civil) and Executive Engineer (Civil), are concerned, the Rajasthan Slate Electricity Board can only make appointments to these posts by direct recruitment in accordance with Parts IV and V of the Regulations, or by promotion of Junior Engineer Gr. I and Junior Engineer Gr. II in accordance with Part VI of the Regulations in the proportion Specified. Relaxation in the prescribed proportion can only be made if suitable persons are not available for appointment by either of the two methods of recruitment specified above. The Regulations of 1969 have been framed under the Electricity Supply Act, 1948 and for the purpose of construction and interpretation they will be treated as part of the Act. There is no power either in the Act or in the Regulations empowering the Rajasthan State Electricity Board to appoint Engineer Junior ( Civil ) Assistant Engineer ( Civil ) and Executive Engineer (civil ) by deputation from other departments. It has to make appointment on these posts in accordance with 1969 Regulations alone and by the method and in proportion as provided in such Regulations and in the Schedule appended thereto. 15. The learned counsel for the State of Rajasthan urged that on account of Sec. 78A, in the discharge of its functions, the Electricity Board has to be guided by directions on the question of policy as may be given by it to the State Government. 15. The learned counsel for the State of Rajasthan urged that on account of Sec. 78A, in the discharge of its functions, the Electricity Board has to be guided by directions on the question of policy as may be given by it to the State Government. According to Mr. M. 1. Khan, Addl. Advocate General, this power under Sec. 78A enables the State Government even to guide the Board in relation to the policy which it should follow regarding recruitment of its personnel relating to any category of posts. 1 am not inclined to agree with the contention. The State Government under Sec. 78A has been given power to issue directions to the Board on the question of policy only, for the guidance of the latter in the discharge of its functions. The power to give direction on. the matters of policy cannot take away the statutory powers of the Electricity Board in matters of employment and training as may be required to enable the Board to carry out its functions under the Act. The only rider, as already stated, relates to the appointment to the post of Secretary to the Board whose appointment can only be made subject to the approval of the State Government. I find support in my view from the decision in the case of Andhra Pradesh State Electricity Board vs. Ram Chandra (3). It was observed in that case that a reading of the relevant provisions of the Act would clearly disclose that the Board is an autonomous corporate body having statutory powers under Sec. 15 of the Act to appoint ail other employees by Board except its Secretary. On a consideration of the relevant provisions of the Act, it was held that a harmonious construction of Secs. 15 and 78A, the sphere of two sections are distinct and different and one is not controlled or governed by the other. We cannot read something which is not there in Sec. 78A and the result of which is to under Sec. 15 of the Act meaningless. Time and again, it has come to notice that the Government of Rajasthan interferes illegally with the working of the autonomous body like Rajasthan State Electricity Board. Instances are not lacking where even transfers of Executive Engineers, Superintending Engineers and of even high post-holders are made at the behest of the Minister or the Government. Time and again, it has come to notice that the Government of Rajasthan interferes illegally with the working of the autonomous body like Rajasthan State Electricity Board. Instances are not lacking where even transfers of Executive Engineers, Superintending Engineers and of even high post-holders are made at the behest of the Minister or the Government. Similar attempt has been made by it through its cabinet memos, which cannot encroach upon the rights of the Rajasthan State Electricity Board under Sec. 15 of the 1948 Act. 16. Personal policy has to be decided by the Rajasthan State Electricity Board itself, and if it feels that the present system of keeping the posts of Chief Engineer (Civil), Additional Chief Engineer (Civil) and Superintending Engineer (Civil) should remain as an ex-cadre or isolated post, it can bring persons on deputation after making due request to the State Government and obtain from that panel of names, and appoint, if the persons from the panel suited to its needs. This arrangement can only be concluded through correspondence, or negotiation with the State Government and also with the consent of the person coming on deputation. The ultimate choice of making the appointment will have to remain with the Board and not with the Government because the Board has to see that a particular person is fit for the job for which he is required and the State Government is not competent to thrust its own personnel on the Board. If this arrangement between the State and the Board does not go through, like any other employer where there are no service rules regulating recruitment to a particular category of post, the employer is always free to bring suitable persons from any source which it likes. Executive Engineers (Civil), Rajasthan State Electricity Board, do not have a legal right to claim promotion to these ex-cadre or isolated higher posts in Civil Engineering side. 17. Before parting with the RSEB cases, it would be worthwhile to mention that an organisation-public or private, does not "hire a hand" but engages or employees a whole man. The person is recruited by an organisation, not just for a job but for a whole career. One must, therefore, be given an opportunity to advance. This is the oldest and most important feature of the free enterprises system. The opportunity for advancement is a requirement for progress of any organisation. The person is recruited by an organisation, not just for a job but for a whole career. One must, therefore, be given an opportunity to advance. This is the oldest and most important feature of the free enterprises system. The opportunity for advancement is a requirement for progress of any organisation. This is an incentive for personnel development as well. (See Principles of Personnel Management by Flipo Edwin B lVth Edition P. 246). Every management must provide realistic opportunity for promising employees to move forward. The organisation that fails to develop a satisfactory procedure for promotion is bound to pay a severe penalty in terms of administrative costs, misallocation of personnel, low morals, an ineffectual performance, among both non-managerial employees and their superiors (See Personnel Management by Dr. Udai Pareek, page 277). There cannot be any modern management much less any career planning, man-power development, management development etc. which is not related to system of promotions (See Management of Personnel Enterprises by Prof. N. R. Chatterjee, Chapter 12, Page 128). 18. Ultimately, it is for the Rajasthan State Electricity Board to take these whole some principles of organisational management into consideration. So far as the present position of the Regulations is concerned, as observed by their Lordship of the Supreme Court in State of Andhra Pradesh Vs. Sadanandam (4), the mode of recruitment and the category from which the recruitment to a service should be made are all matters which are exclusively within the domain of the Executive. It is not for judicial bodies to sit in judgment over the wisdom of the Executive in choosing the mode of recruitment or the categories from which the recruitment should be made as they are matters of policy decision falling exclusively within the purview of the Executive. As already stated, the question of filling up of posts of persons belonging to other local categories or zones is a matter of administrative necessity and exigency. As already stated, the question of filling up of posts of persons belonging to other local categories or zones is a matter of administrative necessity and exigency. When the rules provide for such transfers being effected and when the transfers are not assailed on the ground of arbitrariness or discrimination, the policy of transfer adopted by the Government cannot be struck down, by a court of law." The same view was held in Asif Hameed vs. State of J & K (5), wherein it was said that in exercise of judicial powers, the courts are not competent to direct either Legislature or Executive to enact a particular law. The powers of judicial review does not include power to take policy decision. 19. I shall next deal with the cases pertaining to the Rajasthan Housing Board. The Rajasthan Housing Board Act, 1970 (hereinafter for short, "the Housing Board Act") received the assent of the Governor on April 18, 1970. As its Preamble goes to show that it is an Act to provide for measures to be taken to deal with and satisfy the need of the housing accommodation in the State of Rajasthan. On going through the provisions of the Housing Board Act, it would appear that, although, Rajasthan Housing Board is a statutory body corporate having perpetual succession and a common seal, but its activities are very much controlled by the State Government. The Rajasthan Housing Board has been established by the State Government by Notification in the official gazette to fulfill the purposes of the Act. The Board consists of Chairman appointed by the State Government and the Financial Commissioner, Government of Rajasthan, Secretary to the Government, Town Planning Department, Chief Town Planner and Architectural Adviser and Housing Commissioner are its ex-office members and apart-from them six non-official members are appointed by the State Government as its members. The State Government has the power to remove from office the Chairman or any other member thereof. The remuneration and allowances of the Chairman are fixed by the Government and even leave of absence of the Chairman is grantee by the State Government. Sec. 14 of the Housing Board Act provides that the Board shall have a Housing Commissioner, an Architect, a Secretary, a Chief Accounts Officer and such other officers and servants as the Board may consider necessary for the efficient performance of its functions. Sec. 14 of the Housing Board Act provides that the Board shall have a Housing Commissioner, an Architect, a Secretary, a Chief Accounts Officer and such other officers and servants as the Board may consider necessary for the efficient performance of its functions. The appointment of the Housing Commissioner, Secretary, and Chief Accounts Officer is made by the Board subject to the previous approval of the State Government and the appointment of other officers and servants of the Board has to be made by the Board. However, there is a proviso appended to sub-section (2) of Sec. 14 providing that the Housing Board shall not appoint any officer in the scale of pay, the maximum of which exceeds Rs. 1,650/-a month, without obtaining the previous sanction of the State Government. The Housing Board has power to create any post on its establishment. However, no new post, the scale of pay of which exceeds Rs. 1,200/- per month shall be created by the Board without the previous sanction of the State Government. The remuneration and other conditions of service of the Housing Commissioner, Secretary, Chief Accounts Officer and other officers and servants of the Board shall be such as determined by regulations. The Board has to prepare before the first day of May of every year and maintain a schedule of establishment as on the first day of April of that year. Sections 14 to 18 of the Act pertains to appointments of officers and servants of the Board, creation of posts and conditions of service. 20. Sec. 21(3) of the Act states that the State Government may, by order, depute its representatives to attend any meeting of the Board and to take part in the deliberations of the Board on such items or subjects as the State Government may specify, but such representatives shall not have the right to vote. There is governmental control even on contracts involving an expenditure of Rs. 10 lacs and more. The housing schemes have also to be prepared subject to the provisions of the Act and to the control of the State Government. The housing scheme, inter alia, may provide a housing accommodation scheme with special emphasis for scheduled castes and scheduled tribes and other backward classes and commercial-cum-residence schemes and so on. Its annual budget is also sent to the State Govt. for sanction. The housing scheme, inter alia, may provide a housing accommodation scheme with special emphasis for scheduled castes and scheduled tribes and other backward classes and commercial-cum-residence schemes and so on. Its annual budget is also sent to the State Govt. for sanction. Its accounts are subject to the examination by the examiner of Local Fund Audit in accordance with the Rajasthan Local Fund Audit Act, 1954. The Housing Board by virtue of Sec. 53 of the Act has powers to make regulations consistent with the Act and with any rules made under the Act with the previous sanction of the State Government. The regulations may cover the remuneration and conditions of service of the Housing Commissioner and other officers and servants of the Board under Sec. 15. If it appears to the State Government that it is necessary and desirable for carrying out the purposes of the Act, to make any regulations in respect of matters specified in sub-section (1) or to amend any regulations made under that sub-section, it can call upon the Board to make such regulations or amendments with such time as it may specify. If the Board fails to make, such regulations or amendment within the time specified, the State Government may itself make such regulations or amendment and the regulations or amendment so made shall be deemed to have been made by the Board under sub-section (l). The Board has power to make bye-laws not inconsistent with the Act which may be necessary or expedient for the purpose of carrying out its duties and functions under the Act. Confirmation of the bye-laws has also to be obtained from the State Government. By virtue of section 60 of the Act the State Government can give to the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of the Act and it shall be the duty of the Board to comply with such directions. By virtue of section 60 of the Act the State Government can give to the Board such directions as in its opinion are necessary or expedient for carrying out the purposes of the Act and it shall be the duty of the Board to comply with such directions. If the State Government is satisfied that the Board has made default in performing any duty imposed on it by or under the Act, it may fix a period for the performance of that duty and on failure or negligence to perform such duty within the period so fixed for its performance, the State Government can supersede or reconstitute the Board and during the interim period carry out by itself or through one of its officers, the functions of the Board. On dissolution of the Board, all its assets and liabilities vest in the State Government. These provisions would clearly go to show that State Governments control is throughout pervasive and it is autonomous more in name than in fact. 21. In exercise of the powers conferred by Sec. 53 of the Act, the Housing Board made the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976 (for short, hereinafter "1976 Regulations")- These Regulations apply to the. employees of the Board other than the officers of the Board on deputation and employees employed by contract. Regulation 6 provides that the posts created from time to time will be filled up (a) by direct recruitment (b) by promotion; (c) by employing officers and officials on deputation from the Central or State Government or any State or Public Sector undertaking (d) by contract and (e) by absorption of such employees who have worked at least! for three years on any post on deputation on the Board. If any employee working on deputation on any post desires his permanent absorption on that post in order to opt for the service of the Board, the Senior Selection Committee of the Board shall consider his claim keeping in view the record of service of the incumbent, total number of posts created and vacant in that category and overall interests of the Board. The ratio of direct recruitment and promotion of employees in the service of the Board and qualification and experience required for various posts is to be in accordance with the Schedule appended to the Regulations. The ratio of direct recruitment and promotion of employees in the service of the Board and qualification and experience required for various posts is to be in accordance with the Schedule appended to the Regulations. A perusal of the Schedule appended to the Regulations would go to show that amongst technical staff there is post of Junior Site Engineer/Structural Assistant. It is to be filled in 100% by direct recruitment. The qualification laid down is degree or diploma in Civil Engineering preferably in first division. The next higher post is Site Engineer/Structural Engineer. For this post, it is provided that they would be filled 50% by direct recruitment, 25% by promotion from Junior Site Engineers who are diploma holders with seven years total experience of the service and 25% by promotion from amongst the Junior Site Engineers who are degree holders with 3 years total experience of service. The next higher post provided is that of Resident Engineer. It has to be filled in 100% by promotion from Site Engineers. It is provided that degree-holder with five years experience on the post of Site Engineer/Structure Engineer would be eligible for promotion. The Housing Board will ever be at liberty to take suitable persons on deputation, whenever necessary. There are two Notes appended to this category of post. Note I provides that if suitable candidates are not available either by direct recruitment or by promotion, the Board will be entitled to take suitable officer/officials on deputation. Second Note states that all other things being equal, preference will be given to the candidates who are already working in the organisation. 22. . I would refer to the grievance of some of the petitioners employed in the Rajasthan Housing Board. For the sake of illustration, taking the Civil Writ Petition No. 514/1981 filed by Tara Chand Mittal, it may be mentioned that he has alleged that he is a degree-holder in Civil Engineering and was initially appointed as Junior Site Engineer by order of the Rajasthan Housing Board dated February 9, 1973. Later on, he was selected as Site Engineer and joined that past on April 16, 1974 and was confirmed on this post on May 31, 1977. The petitioners grievance is for promotion to the post of Resident Engineer. Later on, he was selected as Site Engineer and joined that past on April 16, 1974 and was confirmed on this post on May 31, 1977. The petitioners grievance is for promotion to the post of Resident Engineer. He has pleaded that he being a degree holder in Civil Engineering and having gained five years experience on the post of Site Engineer in the year 1979, became eligible to be appointed by promotion as Resident Engineer in the year 1979 and but for the availability of sufficient vacancies, he should have been promoted to the post of Resident Engineer in the year 1979. However, from some time past, Engineers from Rajasthan State Government service are being ¦imposed and inducted in the Housing Board, and that affects the promotional avenues of the technical staff. Persons have been sent on deputation to the post of Resident Engineer in the Rajasthan Housing Board. He mentioned about the vacancies that occurred in respect of the Resident Engineer and upon which he could be appointed. He states that Regulation 6 (c) read with column 6 against the post of Resident Engineer in Schedule and the Note appended thereto which permits appointment of officers on deputation, is arbitrary. In the alternative, it is pleaded that the Housing Board should not resort to the power to take government servant on deputation without first deciding that the petitioner and his senior colleagues were unsuitable for the post of Resident Engineer. The relief prayed for by him is to direct the Rajasthan Housing Board to consider his case and all other similarly situated colleagues against available vacancies of Resident Engineer and to direct respondents No. 1 and 2 not to make appointments by deputation on vacancies becoming available on the post of Resident Engineer. 23. Other similar writ petitions have been filed by N.K. Agrawal (W.P. No. 1736/1984), Rajesh Kumar Gulati, (W.P.No. 107/1985), Om Prakash Laul (W.P.No. 593/1985, Anand Swaroop Sharma (W.P.No. 2995/1988). Apart from that the Rajasthan Housing Board Officers Technical Association has also filed Writ Petition No. 768/1985. There is one more petition filed by Rajasthan Awasan Board Karamchari Sangh, being writ petition No. 785/1985. The petitioners in all these writ petitions are aggrieved by the taking of Rajasthan Govt. servant on deputation in the Rajasthan Housing Board on Engineering posts. 24. There is one more petition filed by Rajasthan Awasan Board Karamchari Sangh, being writ petition No. 785/1985. The petitioners in all these writ petitions are aggrieved by the taking of Rajasthan Govt. servant on deputation in the Rajasthan Housing Board on Engineering posts. 24. In this relation, there have been some developments through some decisions and orders of the Government of Rajasthan on October 19, 1983. The Chief Secretary to the Government of Rajasthan had issued an order to the effect that the Cabinet will shortly be reviewing the system of recruitment and promotion to the post of Engineering personnel by autonomous bodies and various non-Engineering departments. The need for review has arisen because of the extreme disparities which have been noticed for some time in the comparative pace and opportunities of promotion in such autonomous bodies/non-Engineering departments and the State Engineering Services causing serious imbalance. It was therefore, considered necessary that till a final decision was taken in the matter by the Cabine,(1) no direct recruitment on the post of Sub-Engineer/ Junior Engineer and Assistant Engineer shall henceforth be made by the autonomous bodies/Corporations/Boards/Co-operative Institutions/Local Bodies like Municipalities, U1T/JDA etc. & non-Engineering departments of the Govt. such as Rural Development and Panchayat Raj. Lands and Buildings Taxes, Rehabilitation, Devasthan etc. No promotion shall be made from amongst the existing officers in such bodies and non-Engineering Departments. Copies of this order were forwarded, inter alia, to the Chairman, Housing Board also. This order is Ex. 10 on the file of Civil Writ Petition No. 4811/1988. It appears that the Secretary to the, Government in Public Works Department submitted a cabinet memo on October 22, 1983 for consideration of the Cabinet. By this Cabinet Memo, it had been highlighted by the Secretary to the Government in Public Works Department that in the Engineering Departments of the Mate like Public Works Department, Irrigation & Public Health Engineering Department, there is stagnation in all cadres of Engineering such as Assistant Engineers, Executive Engineers and Superintending Engineers etc. A graduate Junior Engineer takes 5 to 10 years to become Assistant Engineer, obviously for want of vacancy and not on account of lack of eligibility. A graduate Assistant Engineer takes 15 to 20 years to become Executive Engineer, although the service rules make him eligible if he had put in only five years service as Assistant Engineer. A graduate Junior Engineer takes 5 to 10 years to become Assistant Engineer, obviously for want of vacancy and not on account of lack of eligibility. A graduate Assistant Engineer takes 15 to 20 years to become Executive Engineer, although the service rules make him eligible if he had put in only five years service as Assistant Engineer. It was pointed out that the senior most Asstt. Engineer in PWD and Irrigation Department was continuously on his present post for the last 17 years and in Public Health Engineering Department for the last 15 years. It was pointed out that due to this stagnation, the initiative of the officer is completely lost. For the sake of comparison, reference was made to the technical and engineering posts in statutory Boards and Corporatiods and it was mentioned that in the Rajasthan Housing Board senior-most Engineer was continuing on his present post for the last 8 years and the senior-most Executive Engineer for the last 6 years and the senior most Superintending Engineer for the last 2 years only. Such quick promotion in Corporations Boards create further heart-burning to the Engineers of PWD/Irrigation & PHED. Due to these reasons it was proposed in the cabinet memo that no direct recruitment on the post of Sub-Engineer Junior Engineer and Assistant Engineer will henceforth be made by autonomous Bodies/Corporations/Boards and such other non-Engineering Departments of the Government. These institutions must fill up the post by taking persons on deputation from the concerned Engineering Department and for filling up the vacancies of the posts of Asstt. Engineer and above by promotion, 50% of such vacancies shall be filled by promotion amongst the existing officers and the rest by deputation. It may be mentioned that prior to that the Government of Rajasthan had appointed a Cabinet Sub-Committee also in this regard. On March 25, 1985, the Secretary to the Government in Public Works Department enclosed a copy of Cabinet Memo dated January 1, 1985 and the orders of the Council of Ministers of State dated February 10, 1985. It was requested that the direction of the Cabinet as contained in the referred Cabinet Memo may be complied with. Copies of this letter were sent vide letter dated March 25, 1985, to the Chairman, Rajasthan State Electricity Board, Jaipur as well as to the Secretary, Rajasthan Housing Board Jaipur. It was requested that the direction of the Cabinet as contained in the referred Cabinet Memo may be complied with. Copies of this letter were sent vide letter dated March 25, 1985, to the Chairman, Rajasthan State Electricity Board, Jaipur as well as to the Secretary, Rajasthan Housing Board Jaipur. It further appears that in the meeting held under the Chairmanship of the Chief Secretary on August 1,1988, a decision was taken that ill Corporations, and autonomous bodies should implement the decision of the Cabiner strictly. Secretaries of the Corporations were to see that the rules were amended suitably as per Cabinet decision. 25. It may be mentioned that in some of the writ petitions after their having been filed, interim orders were granted by this Court staying the operation of the order dated March 25, 1985 along with Cabinet Memo dated Feb-ruary 10, 1985. In the writ petition filed by Rajasthan Engineers Association, a stay order was granted that no appointment on deputation shall be made in the cadre of the Rajasthan State Electricity Board Service of Engineers. 26. I have already mentioned the well-settled principles of personnel management while dealing with the writ petition pertaining to the Rajasthan State Electricity Board. One can only make a sad commentary on the manage-ment of the Rajasthan Housing Board. One simply wonders that even before any cabinet decision was taken by the Government of Rajasthan, the Chief Secretary to the Government could amass courage to write to the Chairman, Rajasthan Housing Board that no direct recruitment on the post of Site Engineer/Junior Engineer and Assistant Engineer shall henceforth be made by the autonomous bodies/Corporations/Boards and no promotion shall be made from amongst the existing officers in the said bodies and non-Engineering Department. How could the Chief Secretary issue such an order with such irresponsibility and illegality ? There were definite statutory regulations of the Rajasthan State Electricity Board pertaining to recruitment, promotion and seniority issued in the year 1969. Similarly, for the Rajasthan Housing Board, there existed the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976. They were issued with the sanction of the State Government. The Chief Secretarys directions contained in his order issued on 19.10.1983 are contrary to these statutory regulations. 27. Similarly, for the Rajasthan Housing Board, there existed the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976. They were issued with the sanction of the State Government. The Chief Secretarys directions contained in his order issued on 19.10.1983 are contrary to these statutory regulations. 27. The Government of Rajasthan must earnestly understand that this country and its State are governed by the Supreme law which we call the Constitution of India. It is governed by rule of law and is not governed at the whims, caprices and fancies of the Chief Secretary. According to Art. 154 of the Constitution of India, the Executive power of the State vests in the Governor and is to be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. There is a Council of Ministers as provided in Art. 163 with the Chief Minister at the head who aids and advises the Governor in exercise of his functions. All executive actions of the Government of a State are to be expressed to be taken in the name of the Governor as required by Art. 166 (1) of the Constitution. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. Art. 166(3) of the Constitution in express terms provides that the Governor shall make rules for the more convenient transaction of the business of the Govt. of the State, and for the allocation amongst Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion. Under Art. 167, it is the duty of the Chief Minister of each State to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. Under Art. 167, it is the duty of the Chief Minister of each State to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation. It had been said in G. Nageswara Rao V. Andhra Pradesh State Road Transport Corporation (6) that a State Government means the Governor; the executive power of the State vests in the Governor, it is exercised by him directly or by officers subordinate to him in accordance with the provisions of the Constitution and the Ministers headed by the Chief Minister advise him in the exercise of his functions. The Governor makes rules enabling the Minister-in-charge of a particular department to dispose of cases before him and also authorises him by means of Standing Orders to give such directions as he thinks fit for the disposal of the cases in the department. In Bachhittar Singh Vs. State of Punjab (7) it was laid down that till an executive action is communicated, it is not an executive action. Every executive action of the Government or its officers operating to the prejudice of any person should find support in constitutional law or statutory law.. Our Constitution though federal in its structure is not moddled on the American parliamentary system where the executive is deemed to have the primary responsibility in the formulation of the government policy and its transmission into law through conditions precedent to the exercise of this responsibility as it is retaining confidence of the legislative branch of the State. The process of making an executive order precede and is different from the expressed of it. While Art. 166(1) merely prescribes how orders are to be expressed, Art. 166(2) indicates the manner in which orders made in the name of the Governor shall be authenticated and embodied. 28. As already stated, while dealing with the case pertaining to the Rajasthan State Electricity Board, Sec. 60 of the Housing Board Act only confers power on the State Government to give general directions for carrying out the purposes of the Act and compliance of that direction has been made mandatory. If the Housing Board fails to perform its duty in compliance with the directions issued by the Government for carrying out the purposes of the Act, the Housing Board has to suffer its penalty of supersession. If the Housing Board fails to perform its duty in compliance with the directions issued by the Government for carrying out the purposes of the Act, the Housing Board has to suffer its penalty of supersession. The power to make regulations is conferred on the Housing Board by Sec. 53 and the Regulations are framed with the previous sanction of the State Government. If it appears to the State Government that it is necessary or desirable for carrying out the purposes of the Act, to make regulations in respect of the matters specified in sub-section (1) of Sec. 53 or to amend any regulations may under that sub section, it can call upon the Housing Board to make such regulations or amendments within such time as it may specify. If the Housing Board fails to make such regulations or amendments within the time specified, the State Government may itself make such regulations or make amendment in the regulations and the amendment so made shall be deemed to have been made by the Board under Sub-section (1). 29. So long as, therefore, Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976 are not amended by the Rajasthan Housing Board either with the previous sanction of the State Government or in compliance with any directions issued by the State Government, or in default thereof Government itself does not amend the existing regulations the Housing Board will have to follow the existing regulations. As already discussed, the Junior Site Engineers have to be required 100% by direct recruitment under the Regulations. Site Engineer/Structural Engineer have to be recruited 50% by direct recruitment and 50% by promotion from amongst Junior Site Engineers in the manner pacified in the Schedule. The post of Resident Engineer is to be filled in having five years experience on the post of Site Engneer 100% by promotion from Site Engineer/Structural Engineer. Before the Rajasthan Housing Board can take any person on deputation, it will have to arrive at administrative decision that suitable candidates are not available either by direct recruitment or by promotion. The post of Resident Engineer is to be filled in having five years experience on the post of Site Engneer 100% by promotion from Site Engineer/Structural Engineer. Before the Rajasthan Housing Board can take any person on deputation, it will have to arrive at administrative decision that suitable candidates are not available either by direct recruitment or by promotion. Without arriving at that finding by the concerned selection authority, the resort to take persons on deputation cannot be made because this mode of filling up vacancies by employing officers or officials on deputation from the Central or State Government, or any public undertaking is subject to the conditions imposed by Notes I and II in the Schedule relating to technical staff. 30. There is one more writ petition No. 1558/1985 filed by the Rajasthan State Electricity Board Officers Association. This writ petition relates to the post of Financial Advisor & Controller of Accounts and Chief Internal Auditor/Controller of Accounts in the Electricity Board. The petitioner has prayed that no appointment on deputation could be made on these posts in the RSEB. It will appear from the Schedule appended to the Rajasthan State Electricity Board Officers Service (Recruitment, Promotion & Seniority) Regulations 1974 that the post of Chief Internal Auditor/Controller of Accounts is a selection post. It may be filled in by three methods. Either it can be filled in by direct recruitment and qualification for direct recruitment is CA with at least 10 years experience as Accounts Officer, or Internal Audit Officer both in the Rajasthan State Electricity Board/State or Central Government, or in reputed public or private undertaking, out of this, he must have held senior accounts post for at least 5 years. If it is decided to be filled in by promotion, then Deputy Controller of Accounts and Senior Accounts Officers with the minimum or five years service have been made eligible. It is, then provided that where suitable person is not available, then resort may be had to the direct recruitment or by deputation. So far as the post of Financial Advisor and Controller of Accounts is concerned, it is also a selection post and there is similar note that where suitable person is not available, then resort is to be taken to direct recruitment or by taking persons from deputation. So far as the post of Financial Advisor and Controller of Accounts is concerned, it is also a selection post and there is similar note that where suitable person is not available, then resort is to be taken to direct recruitment or by taking persons from deputation. This would go to show that first the appointing authority or the selecting authority will have to record an administrative finding that suitable person is not available for these two posts in the department itself, and if it records that administrative finding, then it is the option of the Board to resort to direct recruitment or to deputation. These are the posts on accounts side and the persons manning such posts should be held by meritorious and suitable persons. 31. In accordance with the above discussion, Civil Writ Petition No. 4811 of 1988 relating to RSEB is partly allowed to this extent that only on the posts of Junior Engineer (Civil), Assistant Engineer (Civil) and Executive Engineer (Civil), no appointment shall be made by the Board from taking any person on deputation from the State Government or Central Government, or from any Corporation. Appointment and promotion to these posts will only be made strictly in accordance with 1969 Regulations. So far as the posts of Superintending Engineer (Civil), Addl. Chief Engineer (Civil) and Chief Engineer (Civil) are concerned, the Rajasthan State Electricity Board is at liberty to appoint from any source which it thinks best to subserve the interests of the Board and the petitioners have no right under the Regulations to be considered for the above posts. If the Board chooses to make appointments on these three high posts by direct recruitment, any Executive Engineer (Civil) working on the Board who fulfills the eligibility and qualifications can seek appointment only through direct recruitment. If, on the other hand, the RSEB chooses to take persons on deputation, the petitioners cannot have any say in that regard. 32. So far as the posts of financial Advisor and Controller of Accounts and Chief Internal Auditor/Controller of Accounts are concerned, before resorting to direct recruitment or taking persons from deputation, the competent authority of the Board will have to give an administrative finding that no suitable person is available to be promoted to these posts from departmental officers and, then only it would resort to direct recruitment or to take persons on deputation. Writ petition No. 1558 of 1985 is accordingly partly allowed. 33. So far as the writ petitions filed as against the Rajasthan Housing Board are concerned, they are partly allowed and direction is issued to the respondents to appoint Junior Site Engineer/Structural Assistant, Site Engineer/ Structural Engineer and Resident Engineer, strictly in accordance with the Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulations, 1976 and no Engineer or officer should be appointed to these posts on deputation unless the competent authority or the selecting authority records an administrative finding that suitable persons are not available either by directrecruitment or by promotion, as the case may be. If any officer, or official is at present working on deputation in contravention of both sets of Regulations, they would immediately be sent back to their present departments. The Rajasthan Housing Board will not act upon mere directions of the Chief Secretary, or on the basis of mere forwarding of the cabinet decision so long as the State Government does not issue the necessary directions under sub-section (2) of Sec. 53 of the Act and in compliance thereto the Rajasthan Housing Board amends its recruitment or promotion Regulations or in default thereof, the State Government itself amends the Regulations. Till the Regulations are amended in accordance with law, the existing regulations will be allowed to have their full effect. 34. In the circumstances of the case, the parties will bear their own costs.