S C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition we are concerned with the :rue construction and the legality of certain provisions of the Central Health Services Rules, 1963 (hereinafter called 'the Original Rules of 1963) as amended by the Central Health Services (Amendment) Rules, 1966 (hereinafter called 'the Rules of 1966') and the Central Health Services (Second Amendment) Rules, 1967 (hereinafter called 'the Rules of 1967').

(2.) In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President promulgated the Central Health Services Rules, 1963 constituting the Central Health Services by Rule 3 thereof. Under Rule 7 thereof, the Union Public Service Commission constituted a Selection Committee to determine the suitability of the departmental candidates for appointments to the different categories of the Central Health Service on its initial constitution, which are described in the first schedule thereto Accordingly, the petitioner was selected and' appointed to a post in category E of the said service on the 1st January, 1965 under Rule 7 thereof. However, the Rules of 1966 added Rule 7A of the Original Rules of 1963, the relevant portion of which may be reproduced below, as it is the main provision, the true construction and validity of which is to be considered:

(3.) The Central Government construed Sub-rule (1) (b) of Rule 7A to mean that a second Selection Committee was to be established to select candidates from among the departmental candidates, who had been appointed at the initial constitution of the Service to categories C, D and E of the original Rules of 1963 for appointment to appropriate categories established by the Rules of 1966. Briefly, the Rules of 1966 left intact categories A and B formed by the original Rules of 1963, but substituted the categories of the specialists and general duty grades I and II in place of the original categories C, D and E. Accordingly, there was a fresh selection by a second Selection Committee constituted under the Rules of 1966 as a result of which the petitioner among 44 departmental candidates, who had been initially appointed to the Service under the original Rules of 1963, were not selected for appointment to the new categories, which were formed by the Rules of 1966 in place of the categories C. D and E of the original Rules, of 1963. It is this action of the Government, which is challenged in this writ petition on various grounds.