S M PANDIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These are appeals by certificate. They raise one common question of law for consideration. That question is whether the second proviso to the rule relating to the appointments to the posts of Deputy Collectors in the Bombay Civil Services Classification and Recruitment Rules as well as clause (3) of the Rules framed under Art. 309 of the Constitution by the Governor of Gujarat relating to the appointments of Deputy Collectors and violative of Arts. 14 and 16 of the Constitution. The High Court of Gujarat has come to the conclusion that those provisions are violative of Articles 14 and 16. Aggrieved by that decision the appellants have brought these appeals.

(2.) Till the year 1950, the posts of Deputy Collectors were filled by Bombay Government partly by direct recruitment and partly by promotion from the cadre of Mamlatdars. On February 6, 1950, the Government decided to fill up those posts only by promotion from the cadre of Mamlatdars. At the same time it decided to introduce the system of direct recruitment to the posts of Mamlatdars who in the first instance were to be on probation for two years and if found suitable would be confirmed. It was further decided that 50 per cent of the posts of Deputy Collectors will be reserved for promotion of direct recruits in the cadre of Mamlatdars and the other 50 per cent for the promotee Mamlatdars. In 1959, the Bombay Government introduced a change in the mode of recruitment to the posts of Deputy Collectors. In pursuance of the resolution of the Government of Bombay, the Bombay Civil Service Classification and Recruitment Rules were changed and the amended Rules read as follows:

(3.) Rule 3 of these rules is similar to the second proviso to Rule 1 in the Bombay Civil Services Classification and Recruitment Rules framed in 1959. The question, as mentioned earlier, is whether the second proviso to Rule 1 of the Bombay Civil Services Classification and Recruitment Rules and Rule 3 of the Rules framed by the Gujarat Government are violative of Arts. 14 and 16 of the Constitution.