1969 (3) TMI 83 - SC - Indian Laws

Summary

Issues:
Challenge to the constitutional validity of the Public Employment (Requirement as to Residence) Act, 1957 and the Andhra Pradesh Public Employment (Requirement as to Residence) Rules, 1959 regarding the requirement of residence in a specific part of a State for public employment.

Analysis:
The petitioners, employees of the Andhra Pradesh Government, challenged the implementation of "Telengana Safeguards" which required non-domicile employees to be relieved from service in Telengana region and provided employment in Andhra region without a break. The Government passed an order based on the Public Employment (Requirement as to Residence) Act, 1957 and the Andhra Pradesh Public Employment Rules, 1959. The petitioners argued that this action was ultra vires the Constitution as it misinterpreted Article 16(3) regarding the power to prescribe residence requirements for public employment.

Article 16 guarantees equality of opportunity in public employment, prohibiting discrimination based on various grounds. The petitioners contended that the Act and Rules exceeded the power granted by Article 16(3) to prescribe residence requirements within a State or Union territory. The Court analyzed the language of Article 16 and the history of its drafting, concluding that the Constitution intended residence requirements to apply to the entire State or Union territory, not specific parts.

The Court rejected the argument that Parliament had supreme authority to prescribe any requirement as to residence, emphasizing that Parliament's powers are limited by the Constitution. The Court interpreted Article 16(3) to restrict residence requirements to the State or Union territory as a whole, not specific parts. Therefore, it held that the Act and Rules, specifically as they related to Telengana, were ultra vires the Constitution.

The Court did not address the validity of delegation to Central or State Governments for rule-making or the continuation of Mulki Rules in the former Hyderabad State. Ultimately, the Court quashed the orders passed under the Act and Rules, declaring Section 3 of the Public Employment (Requirement as to Residence) Act, 1957, and Rule 3 of the Andhra Pradesh Public Employment Rules, 1959, as ultra vires the Constitution. The petitions were allowed, with no order regarding costs.