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TMI Blog1994 (5) TMI 282X X X X Extracts X X X X X X X X Extracts X X X X ..... .A. Nos. 2757/92 and batch in the A.P. Administrative Tribunal questioning the competence of the State Govt. in prescribing the qualification of degree in Mechanical Engineering or Degree in Automobile Engineering or diploma in Automobile Engineering or any equivalent qualification as conditions for recruitment, contending that it was the Central Government which had been conferred with the power under Section 213(4) of the Motor Vehicles Act, 1988, for short 'the Act', of prescribing the qualifications for appointment to any office or class of officers under the Act, which had prescribed the following: 1. Qualifications: 1) Minimum general educational qualification of a pass in X standard; and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate Governments had fallen in line in prescribing the qualification of Diploma in Mechanical Engg. prescribed by the Central Govt. and the State Govt. of A.P. had not adopted that course. Since the State rule is in conflict with the Central rule, the Central rule would prevail over the State rules, by operation of Article 254 of the Constitution. 4. Sri V.R. Reddy, learned A.S.G. argued that sub-section (1) of Section 213 of the Act preserves, the power to the State Govt. to appoint an officer or class of officers to implement the Act, sub-section (4) gives power to the Central Govt. to prescribe the minimum qualifications for appointment as Officers or class of officers to such posts under the Act and that would not mean ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Govt., having regard to the object of the Act, by a Notification in the Official Gazette to prescribe minimum qualification which the officers or class of officers thereof shall possess for being appointed as such officer or to the cadre belonging to the State Govt. Under Entry 41 of list II (State List) of VIIth Schedule to the Constitution, the public service includes the services of the officers to be appointed under sub-section (1) of Section 213 of the Act. No doubt, as contended by the learned counsel for the appellants that the Act receives paramount, since under Entry 35, the subject under the Act covers the concurrent field. Sub-section (4) of Section 213 also preserves the power to prescribe qualifications higher than that m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t III. If the said law is inconsistent with or incompatible to occupy the same field, to that extent the State law stands superseded or becomes void. It is settled law that when Parliament and the Legislature derive that power under Article 246(2) and the entry in the concurrent list, whether prior or later to the law made by the State legislature, Article 246(2) gives power, to legislate upon any subject enumerated in the concurrent list, the law made by the Parliament gets paramountcy over the law made by the State Legislature unless the State law is reserved for consideration of the President and receives his assent. Whether there is an apparent repugnance or conflict between Central and State Laws occupying the same field and cannot ope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sary implication, it also preserves the power to prescribe higher qualification for appointment of officers of the State Govt. to man the Motor Vehicles Department. What was done by the Central Govt. was only the prescription of minimum qualifications, leaving the field open to the State Govt. concerned to prescribe if it finds necessary higher qualifications. The Governor has been given power under proviso to Article 309 of the Constitution, subject to any law made by the State Legislature, to make rules regulating the recruitment which includes prescription of qualifications for appointment to an office or post under the State. Since the Transport Department under the Act is constituted by the State Govt. and the officers appointed to tho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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