BANARSIDAS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition under Art. 32 of the Constitution on behalf of as many as 726 persons, ex-patwaris under the first respondent, the State of Uttar Pradesh, seeks that aid of this Court in enforcing the provisions of Arts. 14 and 16 of the Constitution, on the allegation mainly that they had been denied equality before the law and equal opportunity for employment under the State. The Revenue Minister of Uttar Pradesh is the second respondent, and the Land Reforms Commissioner of that State is the third respondent. The Collectors of Meerut, Muzaffarnagar, Aligarh, Badaun and Moradabad are respondents 4 to 8.

(2.) It appears that patwaris numbering about 28,000 in the whole of the State of Uttar Pradesh had organized themselves in 1940 into "The U. P. Patwaris Association" with a view to improving their prospects and emoluments. They were part-time servants of the Government in the Revenue Department. After the Zamindari Abolition Act was brought into operation in that State, their services were very much in demand.

(3.) The petitioners' grievance is that they have been prevented from re-entering the Government service upon the reorganisation of the cadre under the new name. But it is clear that the Government are within their rights to lay down certain qualifications for the new recruits. They are entitled to exclude those persons who have betrayed a lack of proper sense of discipline.