MOHAMMAD USMAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The principal question that arises for decision in this appeal by certificate is as to the vires of Rule 5 of the Andhra Pradesh Registration Subordinate Service Special Rules, to be hereinafter referred as "the rules". The High Court has struck down this rule on the ground that it is violative of Article 14 of the Constitution. As a result of that conclusion, it has also quashed the recruitrnent of some of the respondents made in March, 1965 for being posted as Sub-Registrars Grade II.

(2.) The petitioners as well as respondent No. 3 onwards in the Writ Petition were serving as clerks either in the upper division or in the lower division in the Registration and Stamps Department including the office of the Registrar General of Births, Deaths and Marriages and the Office of the Registrar of the Firms. Some of the respondents had been recruited by the Inspector General of Registration and Stamps, Andhra Pradesh for being appointed as Sub-Registrars. The petitioners challenged the validity of their recruitment on various grounds, by means of a Writ Petition under Article 226 of the Constitution. But that petition was summarily dismissed by a single Judge of the Andhra Pradesh High Court. There after, the matter was taken up in appeal to a Division Bench of that Court. The Division Bench rejected all the contentions of the petitioners except one viz, that rule 5 of the Rules is ultra vires Article 14 of the Constitution. As a result of that conclusion it struck down the impugned recruitments. Only two questions were presented before us for decision viz

(3.) We shall first take up the question as to the vires of Rule 5. The rules provide for the promotion to the posts of Sub-Registrars as well as for recruitment to those posts. Rule 2 provides that a post of Grade I Sub-Registrar should be filled up by promotion from Grade II Sub-Registrar. So far as Grade II Sub-Registrars are concerned, they are to be appointed either by promotion from reserve Sub-Registrars or by "recruitment by transfer from the clerks of the Registration an stamps Department including the Office of the Registrar General of Births, Deaths and Marriages and the Office of the Registrar of the Firms." Rule 5 deals with qualifications for being recruited as Grade II Sub-Registrars. That rule reads: