R MUSALAPPA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner seeks quashing the order passed in G. O. Ms. No. 1694, Health, dated 20th July, 1966, reverting him from the post of Clinical Professor of Ophthalmology to which he was appointed on 9th November, 1965,

(2.) It may be stated the order reverting the petitioner and promoting the 2nd Respondent was made by the Government by relaxing the rule in favour of the 2nd Respondent in view of the deficiency of the four years of teaching experience required for being posted as a Professor and his appeal was allowed.

(3.) Mr. Chaudhary contends (1) that the appeal of the 2nd Respondent to the Chief Minister was in accordance with rules, (2) that the order of reversion was made without notice to the petitioner and was contrary to the principles of natural justice and is illegal; (3) that the order offends Article 311 of the Constitution; and (4) that Rule 47 of the Andhra Pradesh State and Subordinate Services Rules under which the power of relaxation was exercised was ultra mires the Constitution inasmuch as the power which was contained in Clause (5) of section 241, Government of India Act was incorporated in Article 309 of the Constitution, consequently, it can be said that the Constitution-makers did intend to vest this power in the Government.