LAWS(CHH)-2019-4-193

ANISH KHAKHA Vs. CHHATTISGARH PUBLIC SERVICE COMMISSION

Decided On April 08, 2019
Anish Khakha Appellant
V/S
CHHATTISGARH PUBLIC SERVICE COMMISSION Respondents

JUDGEMENT

(1.) The constitutional validity of Rule 7(1)(b) of the Chhattisgarh Lower Judicial Service (Recruitment and Conditions of Service) Rules, 2006 (for short, 'the LJS Rules') has been called in question by the petitioner herein dubbing the above-stated rule to be suffering from vice of discrimination and to be manifestly arbitrary as well and thereby it be declared ultra vires to Article 14 of the Constitution of India.

(2.) The essential facts shorn of all paraphernalia to adjudicate the challenge to the aforesaid constitutional validity of the LJS Rules state as under: -

(3.) Mr. Dilman Rati Minj, learned counsel appearing for the petitioner, would submit that Rule 7(1)(b) of the LJS Rules providing cut-off date of the first day of January of the next following year in which applications for appointment are invited, is violative of Articles 14 and 16 of the Constitution of India, as such, it is discriminatory as well as arbitrary and therefore it is liable to be struck down. He would further submit that in the HJS Rules that have been framed in exercise of powers conferred by Article 233 read with the proviso to Article 309 of the Constitution of India, the cut-off date provided for eligibility is the first day of January in the year in which applications for appointment are invited, as such, there is no point in prescribing different cut-off dates for Civil Judge (Entry Level) and the person to be recruited under the HJS Rules, therefore, it is a case of discrimination and as such, Rule 7(1)(b) of the LJS Rules with the words "on the first day of January of the next following year in which applications for appointment are invited" be declared as ultra vires by striking it down.