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"1. The State Government should publish the final common gradation list in its official gazette following the prescribed procedure;

2. The State Government will prefix to the notification publishing a common gradation list, a preamble on the lines drafted by the Central Government;

3. The State Government was to be satisfied:

(a) that the provisional gradation list was prepared after following the principles laid down by the Central Government;

(ii) In the case of officers from Mahakoshal region (Serial Nos. 59 onwards) it was pointed out that the then State of Madhya Pradesh had not passed orders fixing the ranking of the said officers and hence the ranking should be done by the State Government keeping in view the normal rule of fixing ranks with reference to date of appointment on a substantive vacancy, whether on probation or as confirmed officer. It was further directed that as the rearrangement as per modifications suggested was likely to affect the ranks of officers of other regions the entire list should be reviewed in the light of directions given by the Central Government. On this direction of the Central Government, the inter se seniority of the officers of Mahakoshal region was refixed by the State Government by its 1otter No. 1086/6216/XIX/E dated February 20. 1962. In the light of this list the provisional gradation list was also revised. As already directed by the Central Government in its letter dated November 11, 1959, the State Government published the final gradation list with the preamble attached to it stating that the final list was being published by the Governor in exercise of powers conferred by the proviso to Art. 309 of the Constitution and in accordance with the decisions of the Government of India under the provisions of s. 115(5) of the said Act. The final gradation list was published by the State Government on April 6, 1962. The respondents thereafter moved the High Court of Madhya Pradesh for grant of a writ under Art. 226 of the Constitution. The validity of the final gradation list was challenged on the ground that it was not made in accordance with the provisions of s. 115 (5 ) of the said Act but in contravention of that provision. It was also alleged that in so far as the State Government, in drawing up the final gradation list, followed a principle different from the one followed in preparing the provisional gradation list on the: basis of which representations were invited, the State Government had in effect denied the right of representation to the persons affected thereby. The writ petition was allowed by the High Court which quashed the notification dated April 6, 1962 (Annexure 1 to the writ petition) publishing the final gradation list of the establishment of "Buildings, Roads and Irrigation" in the Public Works Department and further directed the Central Government "to complete the work of the integration of the services in the aforesaid Department in conformity with the provisions of sub-s. (5) of s. 115 of the States Reorganisation Act, 1956".

In accordance with this direction the State Government prepared the inter se seniority list of Mahakoshal officers (Annexure R-14) dated February 20, 1962. On the basis of this list the final gradation list was prepared by the State Government and published on April 6, 1962. In our opinion, the procedure adopted in this case does not contravene the provisions of s. 115(5) of the said Act, because it was the Central Government which laid down the principles for integration, it was the Central Government which considered the representations and passed final orders, and both the preliminary and final gradation lists were prepared and published by the State Government under the direction and with the sanction of the Central Government. It is manifest that there has been no delegation by the Central Government of ,my of its essential functions entrusted to it under the statute. It was pointed out by Mr. Asoke Sen that in its letter dated April 3, 1957 the Central Government had intimated that the work of integration should be left to the State Government. But what was meant by that letter was that only the preliminary work of preparation of the gradation lists on the principles decided upon by the Central Government should be left to the State Governments concerned. It is clear that such work cannot be done by the Central Government itself since the necessary information regarding the officers can be obtained and tabulated only by the States concerned. It was also pointed out by Mr. Asoke Sen that the preparation of the provisional and the final gradation lists by State Government constituted a delegation by the Central Government. We do not think there is any substance in this argument. It is not disputed that the provisional and the final gradation lists were prepared by the State Government on the principles laid down by the Central Government itself subject to one change in the matter of determining seniority and the provisional gradation list was sent for approval of the Central Government together with representations made by the officers concerned for being dealt with and decided upon by the Central Government. The principle of the maxim "delegates non protest delegare"

We accordingly reject the argument of Mr. Asoke Sen on this aspect of the case and hold that the High Court was in error in holding that there was an improper delegation of its' statutory power by the Central Government under s. 115(5) of the said Act.

We proceed to consider the next contention raised on behalf the respondents that in any event they should have been given (1) [1911] A.C. 179, 182. (2) [1915] A.C. 120, 133.

a second opportunity to make a representation regarding: (1) inter se seniority list of the Assistant Engineers of the former Mahakoshal region prepared on February 20, 1962, Annexure R-14, and (2) the final inter se seniority list published on April 6, 1962. With regard to the inter se seniority list it was pointed out by Mr. Asoke Sen that in paragraphs 9 and 10 of its letter dated September 16, 1961, Annexure R-7, the Central Government noticed that no formal orders were issued by the State of Madhya Pradesh prior to October 31, 1956 fixing the rank of the Mahakoshal officers from serial No. 59 onwards. It was customary in the old State of Madhya Pradesh that the Government issued orders regarding the rank of the officers while making a notification confirming the officers. It was pointed out that if the present rank in the combined gradation list was to be accepted it would mean that some of the officers who were not selected by the Public Service Commission of the old Madhya Pradesh for permanent posts would be senior to those selected and placed on probation as early as 1953. The normal practice adopted in such cases would appear to be to arrange the names of the officers in the order of appointment to substantive vacancy, whether on probation or as confirmed officer. It was suggested by the Central Government that the entire, matter should be reviewed by the State Government in the light of the procedure stated in paragraphs 9 and 10 of the letter and necessary changes should be carried out in the combined gradation list. In view of the directions contained in this letter the State Government prepared an inter se seniority list of the Assistant Engineers of the Mahakoshal region in their letter dated February 20, 1962. It is not disputed on behalf of the respondents that this order of seniority was reflected in the final gradation list published on April 6, 1962; but the contention of the respondents is that no opportunity was given to them to make a representation against the inter se seniority list dated February 20, 1962, though Mr. Asoke Sen conceded that he had no quarrel with the principles upon which the list was prepared. Learned Counsel, however, said that the principles were wrongly applied in particular cases and the respondents should have been given an opportunity of making a representation with regard to the inter se seniority list dated February 20, 1962. With regard to the final gradation list published on April 6, 1962 the contention of Mr. Asoke Sen was that the basis upon which the "assumed date" was given in column No. 6 was not set out either in that notification or in the principle specified in the preliminary gradation list. On this point the Solicitor-General said that the final gradation list was prepared and the "assumed date" in column No. 6 was inserted on the principle of "kicking down". It was also pointed out by the Solicitor-General that in the Conference of the Chief Secretaries it had been agreed that in determining inter- State seniority the principle to be taken into account was length of 10 Sup. C.I./67--14 continuous service, whether temporary or permanent in a particular grade. The argument was stressed that the principle could be ,applied only on the basis of "kicking down" and that principle was implicit in the preparation of the final gradation list. We are, however, not quite sure whether the Solicitor-General is right in his contention on this point. We think that the final gradation list could have been prepared on the basis of the principle agreed upon in the conference of the Chief Secretaries both on the method of "'kicking down" and the 'alternative method of "kicking up". It iS nowhere stated either in the preliminary gradation list or in the final gradation list that the principle of "kicking down" was adopt- in preference to the alternative principle. It was argued by Mr. Asoke Sen that in regard to both these matters the respondents have a right of representation and the final gradation list should have been published after giving them further opportunity to make a representation. Normally speaking, we should have thought that one opportunity for making a representation against the preliminary list published would have been sufficient to satisfy the requirements of law. But the extent and application of the doctrine of natural justice cannot be imprisoned within the straitjacket of a rigid formula. The application of the doctrine depends upon the nature of the jurisdiction conferred on the administrative authority, upon the character of the rights of the persons affected, the scheme and policy of the statute and other relevant circumstances disclosed in the particular case (See the decision of this Court in Shri Bhagwan and Anr. v. Ram Chand and Anr.(1). In view of the special circumstances of the present case we think that the respondents were entitled to an opportunity to make a representation with regard to the two points urged by Mr. Asoke Sen before the final gradation list was published. As no. such opportunity was furnished to the respondents with regard to these two matters we hold that the combined final' gradation list dated April 6, 1962, so far as category 6 is concerned, is ultra vires and illegal and that part of the notification alone must be quashed by grant of a writ in the nature of certiorari. The rest of the notification of the State Government dated April 6, 1962 with regard to other categories will stand unaffected. So far as category No. 6 is concerned, the Central Government is directed to give an opportunity to the respondents to make a representation in regard to the two points mentioned in this paragraph and thereafter take steps to finalise and publish the list in accordance with law.