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The impugned rules are entitled "'Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961" and they were deemed to have come into force from October 1, 1957 i. e., the date When the "provincialised" cadre was formed. Rule 2 contains the definitions and of these those relevant to the present context, which have been struck down by the High Court in their judgment under appeal are cls. (d) & (e) which respectively define the word "Service" as meaning "The Punjab Educational (Provincialised Cadre) Class III Service"

and cl. (e) defining 'State Cadre' as meaning "The Punjab Educational (State Service) Class III (School Cadre)". Rule 3 with which Part II headed 'Conditions of Service' starts is the one which is the most relevant for the points arising 'in this appeal. It reads
3. Number and character of posts (1) The service shall comprise the posts shown in Appendix 'A' but shall be a diminishing one. The number of posts in various cadres of the Service shall be regulated in the following manner :-
15 per cent and (b) Rs. 60/120 : 85 per cent. Before a teacher is promoted from category (b) to (a), he/she must have at least five years' service to his/her credit."

By rule 2(d), the expression 'service' was defined as meaning the Punjab Educational (provincialised Cadre) Class III Service. 'State Cadre' was defined as meaning the Punjab Educational State Service, Class III (School Cadre). By rule 3 it was provided that the Service shall comprise the posts shown in the Appendix which shall be a diminishing cadre and the number of posts in various cadres of the Service shall be regulated in the manner set out therein. Sub-rule 1 (i) provided that all posts created for any 'provincialised' school subsequent to its being taken over by the Government shall not constitute a part of the Service but shall be borne on the State Cadre. By sub-rule 1 cl.