LAWS(RAJ)-2002-7-46

BHAWANI SINGH Vs. STATE

Decided On July 23, 2002
BHAWANI SINGH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE common issue raised in all these cases is the constitutional validity of the Rajasthan Regulation of Appointments to Public Services Rationalisation of Staff Act, 1999 (hereinafter called Act of 1999). Various provisions of the Act more particularly Ss. 2(v), 9, 11 and 19 of the Act are being assailed as ultra vires. Consequent relief has been asked in each petition, as we shall notice later on, to quash the directions issued and order passed in pursuance there of under the provisions of Act of 1999. Brief View of Impugned Provisions

(2.) AS per its preamble, the Rajasthan State Legislature enacted the Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999 (hereinafter called, `the Act of 1999') to regulate appointments in the public service and prohibit irregular appointments in offices and establishments under the control of the State Government, local authorities, public corporations and Universities etc.

(3.) AS noticed above, sub-sec. (2) of Sec. 4 ordains that urgent temporary appointment in any public service henceforth shall be made only with the prior permission of the competent authority and subject to conditions imposed by him. Sec. 7 is captioned as "Regulation of recruitment". Recruitments have been categorised into three classes.