STATE OF RAJASTHAN Vs. RAJMAL MEHTA

JUDGEMENT

(1.) The government of Rajasthan, in exercise of the powers conferred by Ss. (1 of Section 79 read with Section 26 of the Rajasthan Panchayat Samitis and Zila Parishad Act, 1959 (hereinafter referred to as the '1959 Act') framed Rajasthan Panchayat Samiti (Selection of Vikas Adhikaris) Rules, 1968 (hereinafter referred to as the '1968 Rules'). These Rules inter alia dealt with recruitment and promotion etc. of Vikas Adhikaris. While these Rules were in force, having been framed under the Act, the governor of Rajasthan, in exercise of his powers under Article 309 of the Constitution of India, framed Rajasthan Civil Services (Special Selection and Special Conditions of Service of Vikas Adhikaris) Rules, 1982 (hereinafter referred to as the '1982 Rules').

(2.) Rule 18 of the 1982 Rules provided that ali rules and orders in relation to matters covered by the 1982 rules and in force immediately before the commencement of the rules, would stand repealed, though any action taken thereunder or orders made thereunder were saved. The respondent questioned the vires of the 1982 Rules through a writ petition in the High court of Rajasthan. The principal ground of challenge to the vires of the Rules was that since 1968 Rules had already been framed under the 1959 Act, the field covered by the Rules was an occupied one and the governor of Rajasthan could not, in exercise of the powers under Article 309 of the Constitution, frame Service Rules of 1982. The writ petition was heard by a full bench of the High court. By a majority, the full bench upheld the challenge to the vires of the 1982 Rules. It was held that so long as the Statutory Rules of 1968 held the field, the governor was not empowered to frame Rules under Artical 309 of the Constitution in respect of the same subject matter. The judgment of the High court was rendered on 1/12/1983.

(3.) The State of Rajasthan filed a special leave petition in this court on 5/03/1984. Leave was granted on 9/04/1984. It transpires from a perusal of the record that on 13/01/1984, the government of Rajasthan, in exercise of the powers conferred by Ss. (1 of Section 79 read with Section 26 of the 1959 Act repealed the 1968 Rules with immediate effect.