MALLIKARJUNA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The questions arising for our consideration in these appeals are as under:

(2.) The conditions of service of the Andhra Pradesh Animal Husbandry Department were initially governed by the Andhra Pradesh Animal Husbandry Service Rules, 1961 (hereinafter called 1961 Rules). Under these Rules Veterinary Assistant Surgeons were eligible for promotion to three different categories of posts called Class IV posts and R. 6 provided special elibibility qualifications for those posts. Only those Veterinary Assistant Surgeons were considered for promotion to Class IV posts who fulfilled the qualifications/ specialised training prescribed under R. 6 of the 1961 Rules.

(3.) Some of the Veterinary Assistant Surgeons challenged the vires of R. 6 of the 1961 Rules by way of Civil Writ Petition No. 4532 of 1971 in the Andhra Pradesh High Court. It was alleged that at the time of recruitment all the Veterinary Assistant Surgeons possessed Bachelor Degree in Veterinary Science and the special qualifications and training prescribed under R. 6 could only be acquired after joining as Veterinary Assistant Surgeon and that also at the discretion of the Government. It was open to the Government to choose any person for the specialised training and may deny such an opportunity to another person who may be equally or better suited for such training. Since the imparting of specialised qualifications/ training was under the control of the Government it could pick and choose persons for the purpose and in the process making favoured persons eligible for promotion to Class IV posts under the 1961 Rules. Learned single Judge by his judgment dated August 24, 1973 rejected the contentions of the writ petitioners in the following words: