DWARKA DHISH BHARGAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE Division Bench has referred the question regarding the constitutional validity of Madhya Pradesh Veterinary (Gazetted) Recruitment Rules, 1966, to the larger Bench, as required under Article 228-A of the Constitution of India.

(2.) THE 4 petitioners and the respondents 2 to 20 were all recruited as veterinary Assistant Surgeons (Class III non-gazetted posts) in the service of agriculture and Veterinary Department of the State of Madhya Pradesh. In due course, the petitioners were confirmed in their posts. In this petition, the petitioners have challenged the selection of the respondents 2 to 11 as direct recruits to Class II Gazetted posts in the Veterinary Department in the year 1968-69 and also that of the respondents 12 to 20 as direct recruits in the same posts in the year 1970-71. The posts were duly advertised and selections were made through the Public Service Commission as per the Madhya Pradesh veterinary (Gazetted) Recruitment Rules, 1966, (hereinafter referred to as 'the recruitment Rules') framed under Article 309 of the Constitution, by the governor of Madhya Pradesh. The petitioners have contended that the rules 6 and 8 of the Recruitment Rules are ultra vires and repugnant to Articles 14 and 16 of the Constitution because these 2 rules deny equality of opportunity in respect of promotions to Government servants similarly placed.

(3.) RULE 6 provides that the recruitment to the posts in Class II (Gazetted)Veterinary Service shall be (i) by direct recruitment and (ii) by promotion. Item no. 13 in Schedule II appended to this rule prescribes that 50 per cent of the posts will be filled up by direct recruitment and the remaining 50 per cent by promotion. Rule 8 lays down the conditions of eligibility of direct recruits. Column 5 of Schedule III appended to this rule before its amendment prescribed minimum age limit of 21 years and upper age limit of 30 years. Clause (c) of Sub-rule (i) of this rule provided that upper age limit of State government employees shall be relaxable (i) for permanent employees up to 30 years and (ii) for temporary employees up to 35 years. In R. C. Chaturvedi v. State of M. P. 1972 M P LJ 834 : (1973 Lab IC 745) Sub-clause (8) (i) (c) (i)was struck down by this Court on 3-12-1971 as repugnant to Article 16 of the constitution as it discriminated permanent employees in relation to the temporary employees. Thereafter the Schedule No. III was amended prescribing upper age limit of 40 years as per Government notification dated 412-1971. In view of the extended upper age limit of 40 years, Sub-clauses (i)and (ii) of Clause (c) of Sub-rule (i) of Rule 8 have become redundant and meaninglesections